Once again members of the religious right exhibit their disdain and contempt for both civil law and the admonition of their founder by disrupting a Pride Rally in Philadelphia, the City of Brotherly Love. Sad isn't it that these so called christians choose to (#$@&!) the law to spread their message of hate?
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Third Circuit: Anti-Gay Activists Can Demonstrate, Not Disrupt
July 15, 2008
Anti-homosexual activists arrested when they disobeyed police orders to move during Philadelphia's 2004 OutFest celebration had a right to demonstrate but not disrupt the coming-out festival, a federal appeals court ruled today.
The decision by a three-judge panel of the U.S. Court of Appeals for the Third Circuit came in a lawsuit brought by 11 protesters affiliated with Repent America, a Lansdowne-based group whose members preach the belief that homosexuality is sinful.
The activists were arrested at the 2004 festival after disobeying police orders to move as they proclaimed their anti-gay message, with one member of the group chastising a transgendered person as a "she-man."
All charges were dropped, and the activists filed suit, contending that police and the city violated their First Amendment rights and that police silenced them because of the content of their message.
But the Third Circuit said Philadelphia police "had ample justification" in directing the protesters to move when they "interfered" with event activities.
"The police action was not based on the content of [the activists'] message but on their conduct," wrote Judge Dolores K. Sloviter, who said a video of the event showed the Repent America group tried to "drown out" platform speakers and congregated in the middle of the walkway.
OutFest had been organized by Philly Pride Presents Inc. to celebrate "National Coming Out Day;" it is held every October.
Philly Pride had a permit for the event, and contended that it had a right to exclude the anti-gay activists.
The court said that the anti-homosexual group had a First Amendment right to communicate its message - but those rights "are not superior" to the rights of Philly Pride, as the permit holder, to effectively convey its message "that we're out and proud of who we are" and the public's ability to hear that message.
"The right of free speech does not encompass the right to cause disruption, and that is particularly true when those claiming protection of the First Amendment cause actual disruption of an event covered by a permit," wrote Sloviter.
When protesters "move from distributing literature and wearing signs to disruption of the permitted activities," she went on, "the existence of a permit tilts the balance in favor of the permit-holders."
Michael Marcavage, the founder of Repent America and one of the plaintiffs in the lawsuit, said the group had not been disruptive, but was merely trying to convey its message.
Lawyer Jeremy Frey, who represented Philly Pride, said the decision means that Repent America and any other protesters "may express their message" during the upcoming OutFest "only so long as that expression does not disrupt or interfere with the message of the event."
Marcavage said he was pleased the Third Circuit had ruled that his group had a right to attend the event.
"We'll be there in October," he said.
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