Christian activists vow to appeal dismissal of freedom-of-speech suit

By Andrew Maykuth
Philadelphia Inquirer
Jan. 25, 2007

Christian activists yesterday promised to appeal the dismissal of their federal court claim that Philadelphia officials infringed on their freedom of speech when they blocked anti-homosexual protesters at a 2004 Center City gay festival.

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

U.S. District Judge Lawrence F. Stengel on Thursday granted a summary judgment for the city and the event organizers, Philly Pride Presents Inc.

"There is no constitutional right to drown out the speech of another person," Stengel wrote in the 52-page judgement.

The activists, whose case received extensive coverage in the Christian media, argued that the city had violated their First Amendment rights by arresting them at an event on a public street. They claimed police silenced them because of the content of their message. A city judge later dismissed the criminal charges against the 11 defendants.

Organizers of the gay-pride event initially tried to block the protesters from entering, but police escorted the activists in while attempting to confine them to the fringes. The protesters, using bullhorns and signs, were arrested after they disobeyed orders to move. Police said the crowd was threatening to get violent.

Stengel said the gay-pride event had received proper city permits, and the evangelists had neglected to take alternative means to communicate their message, including applying for a permit to hold a counterprotest. He called the activists' claims "simplistic."

Stengel's decision expands upon a 1995 Supreme Court decision that held that the Boston organizers of the St. Patrick's Day Parade could exclude gay protesters from a private parade on public streets. "This is an important decision that supports the First Amendment rights of organizers of all permitted events," said Jeremy D. Frey, an attorney with Pepper Hamilton L.L.P., which provided free representation to Philly Pride Presents.

Ted Hoppe, attorney for the activists, said the decision allows the government to deny free speech in public areas.