May 14, 2003
Freedom of Preach
In other news related to speech and protest, The Oregonian reports that the City of Portland likely will appeal an injunction which bars restricting the speech activities of a well-known local street preacher:
Edward Gathright preaches on Portland streets, telling homosexuals they must die and likening women to daughters of Babylon.
Between May 2001 and September 2002, organizers of events in Pioneer Courthouse Square and Tom McCall Waterfront Park got police to eject Gathright six times, including a welcoming celebration for the Dalai Lama, Gay Pride festivals, an AIDS walk and a commemoration of Sept. 11.
Those ejections are at the heart of a federal lawsuit filed in February by Gathright against the city. Today, the City Council is expected to authorize an appeal of a judge's preliminary order that prevents the city from excluding the evangelical Christian preacher.
...
The city attorney's office said an appeal to the 9th U.S. Circuit Court of Appeals is needed because groups with permits shouldn't be forced to incorporate opposing speech into their events. The city considers that a violation of those groups' constitutional rights.
At issue is a city ordinance which "says it's unlawful for any person to interfere unreasonably with a permittee's use of a park." Or, more specifically, at issue are disparate interpretations of just what defines unreasonable interference.
When the injunction was granted, the presiding judge asserted that the ordinance in question is too broad, allowing the removal of people exercising their own First Amendment rights even when they are not being disruptive of an event.
Based on what I know of this case so far, I firmly support Gathright's position, and the reasoning behind the injunction.