Animal-rights activists challenge law barring disruptive behavior near schools

The Associated Press

04.04.00

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	People for the Ethical Treatment of Animals protester Sean Diener stands behind David Berg, wearing cow costume, as they burn a McDonald's restaurant flag at Federal Courthouse in Salt Lake City yesterday.

SALT LAKE CITY — A federal judge heard arguments yesterday in an animals-rights group's suit challenging a state law banning disruptive behavior near schools.

Members of People for the Ethical Treatment of Animals filed the lawsuit in U.S. District Court last year after a Granite School District police officer allegedly threatened to arrest PETA members handing out fliers promoting vegetarianism.

The PETA members were demonstrating against Eisenhower Junior High School in Taylorsville, which flew a McDonald's corporate sponsorship flag.

PETA declared victory when the school took down the flag. But Eisenhower Principal Lori Gardner said the flag was removed because she and McDonald's officials feared for the safety of students during the demonstration.

However, the issue of the activists' right to free speech is unresolved, says attorney Brian Barnard.

Animal-rights activists Sean Diener and Barry N. Platis claim that on the day Granite police officers told them they would be arrested if they did not leave, students who formed META, Meat Eaters Thankful for Animals, were allowed to stay.

Barnard asked Chief U.S. District Judge Dee Benson to find unconstitutional the state law prohibiting behavior that disrupts school activities.

The demonstration "was 100 feet away from the school's doors," Barnard argued in court yesterday. "The statute is overly broad and prohibits activity that is clearly legal."

Barnard said his clients did not have megaphones and were simply carrying signs and handing out leaflets.

He asked the judge if a school principal should have the right to determine what is free speech and what is a disturbance.

To prevent arbitrary restrictions on the First Amendment freedom of speech, Barnard said, there should be an "objective standard in writing."

Utah Assistant Attorney General Elizabeth King argued that because the demonstrators were not actually arrested, the animal-rights activists did not have a legitimate complaint to bring to court.

Benson told attorneys to file briefs.

McDonald's is one of Eisenhower's corporate sponsors and provides volunteers and incentives in the form of free meals for students. PETA claim the fast-food company promotes cruelty to animals and unhealthy eating habits for teens.

PETA members demonstrated outside the federal courthouse yesterday and burned a McDonald's flag.

• Animal-rights group protests inability to protest 7.20.98

Update

Animal-rights group continues to challenge Utah limits on school protests
Activists don spotted-cow costume, distribute veggie burgers outside federal court in support of case.  04.05.01