Posted: March 01, 2008
4:47 pm Eastern
Lawyers for a team of Christians convicted of disorderly conduct for praying at a “gay” fest in a public park in Elmira, N.Y., are promising an appeal of the verdict that left them with $100 fines.
Joel Oster, of the Alliance Defense Fund, said an appeal will be filed in Chemung County court for Julian and Gloria Raven, Maurice Kienenberger and Walter Quick, all of Elmira, who were ordered to pay $95 apiece in court costs in addition to the $100 fines.
Oster told the Star-Gazette newspaper that the police in the United States simply are not supposed to arrest people if someone else may be upset by their message.
The Supreme Court has ruled in cases involving “sit-in” protests, he said, that authorities cannot arrest blacks just because they were making white people angry.
“The police have a duty to protect the speaker,” he told the court, according to the Star-Gazette.
“Choosing to exercise your First Amendment rights in a public place is not a crime,” Oster said just before going into the trial.
At issue is the arrest of seven Christians at a “gay pride” event in Wisner Park in Elmira in 2007. Julian and Gloria Raven and several others entered the park to pray silently for the participants of the event celebrating homosexual behavior. Charges against three later were dropped, and only the four went to trial.
Officials with the ADF noted that the materials advertising the event said everyone was invited and it was open to the public. “The group did not draw a disorderly response from event participants,” the ADF said.
According to the newspaper report, Police Sgt. Sharon Moyer told the court she warned Julian Raven that his rights at the event were limited.
He earlier said she had told him not to cross the street, go into the park or talk to anyone.
“He said he was there to preach the word of God,” Moyer told the court, the newspaper reported. “I explained he was welcome to be there (at the festival), but he would not be allowed to confront the participants.”
She accused the street preacher of being antagonistic.
Raven, however, said it was Moyer who was “aggressive from the get-go” and said her orders amounted to a deprivation of his rights.
“It seems oxymoronic to say that by walking silently in a public park, with heads bowed, these people somehow disturbed the peace,” Oster said of the case earlier. “From the sit-ins of the 1960s to today, courts have repeatedly ruled that the police cannot arrest those who peacefully express their message in public places.”
Click http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=57757 to read complete article.
FAIR USE NOTICE: This article contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of religious, environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner.