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Protesters arrested at gay festival lose bid to sue city, organizers

By The Associated Press
01.24.07

PHILADELPHIA — A federal judge has dismissed a freedom-of-speech lawsuit filed by members of a conservative Christian group who were arrested while picketing a street festival for gays and lesbians.

"There is no constitutional right to drown out the speech of another person," U.S. District Judge Lawrence Stengel wrote in a Jan. 18 decision granting summary judgment for the city and event organizers Philly Pride Presents Inc.

Organizers of the 2004 Outfest event initially tried to block the bullhorn-wielding, anti-gay protesters from entering the downtown festival. Police allowed the protesters to enter and tried moving the group to several different spots within the festival area, but at each location they were surrounded by gay activists blowing whistles.

Eleven demonstrators, affiliated with a group called Repent America, were arrested after they refused a directive to move to another spot. The gay-pride event's organizers said the protesters were attempting to incite the crowd. A judge later dismissed criminal charges against the protesters, saying a videotape showed that they had not threatened anyone and had not incited violence.

Stengel said in Startzell v. City of Philadelphia that the Outfest event had received proper city permits, and the evangelists failed to take appropriate measures to communicate their message, including applying for a permit to hold a counterprotest.

"This is an important decision that supports the First Amendment rights of organizers of all permitted events," said Jeremy Frey, attorney for Philly Pride Presents.

Ted Hoppe, an attorney for the Christian activists, says the Jan. 18 decision allows the government to deny free speech in public areas.

"This is a very shocking decision," said Michael Marcavage, director of Repent America and one of the 11 protesters arrested at the 2004 event.

Repent America members told the Philadelphia Inquirer that they would appeal Stengel's decision.


Update
3rd Circuit upholds dismissal of anti-gay activists' lawsuit
Three-judge panel says that while protesters had First Amendment right to demonstrate at 2004 gay street festival in Philadelphia, they didn't have right to drown out speakers. 07.16.08

Previous
Charges dropped against anti-gay protesters
'We cannot stifle speech because we don't want to hear it, or we don't want to hear it now,' says Philadelphia judge. 02.18.05

Related

Court nullifies expansion of Pa.'s hate-crimes law

Repent America plaintiffs had been arrested for picketing gay street festival, preaching against homosexuality. 11.16.07

Would federal hate-crimes law threaten religious freedom?

By Charles C. Haynes Though new bill sparks fears that preaching against homosexuality could be criminalized, that's a highly unlikely outcome. 06.10.07

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