Federal judge throws out rules on leaflets, speeches at parks
By The Associated Press
12.04.02
HARRISBURG, Pa. — City ordinances requiring people to obtain permits before they distributed leaflets or made speeches at city parks have been struck down by a federal judge.
Ruling on a lawsuit brought by preachers protesting gay-pride activities, U.S. District Judge William W. Caldwell said on Dec. 2 that the ordinances hindered protesters' free-speech rights without serving any government interest. But Caldwell refused to find the city had misused the state's disorderly conduct statute to arrest the protesters when they got out of hand.
The nine plaintiffs filed suit against the city and Mayor Stephen R. Reed earlier this year after a two-year string of incidents in which they clashed with authorities, mostly at gay-pride events.
The first incident occurred at a June 2000 ceremony to honor Civil War dead. Protesters objected because Reed had signed a proclamation that the group interpreted as praising the contributions of gay citizens.
Four protesters, carrying signs that read, "Proof That America Condones Sodomy," sang hymns and handed out leaflets during the event. Accounts differ over what happened when the protesters confronted the mayor, but the four were arrested and cited for disorderly conduct. The charges later were dismissed.
At subsequent gay-pride events, protesters banged drums and used megaphones to yell at people.
While the protesters never sought a permit, they said the procedure for obtaining one violated First Amendment rights.
Caldwell agreed that the permitting process infringed on their right to free speech.
"While (the ordinance) covers only two First Amendment activities, literature distribution and speeches, these represent important First Amendment rights that (the ordinance) would broadly limit," the judge wrote.
City officials did not return a telephone call yesterday.