Posted on 01/15/2005 3:49:21 AM PST by dirtboy
The October street confrontation between Philadelphia gays and the Repent America Christian group could have remained just a local affair - a tense but heart-felt standoff. Instead, this brief but ugly lapse of brotherly love is getting harsh national attention.
None of that media and Internet notoriety is good for Philadelphia's image. It does nothing to burnish the city's proud heritage as the birthplace of American freedoms.
Credit the unwanted publicity, in large part, to District Attorney Lynne M. Abraham's heavy-handed crackdown on four protesters who disrupted the annual gay-pride Outfest block party in Center City.
The absurd decision by Abraham's office to pursue felony charges - including criminal conspiracy, incitement to riot, and breaking the state's hate-crimes law - guarantees that this case won't go away soon.
By themselves, the arrests might not have generated all that much controversy. On that early-October Sunday, the protesters disobeyed directives from the police, who had reason to fear that the group's bullhorn-broadcast denunciations of homosexuality might trigger a scuffle at the block party, or worse.
No, people should not be arrested for mere exercise of free speech - but when their free speech seems on the edge of provoking possible violence, there's a case to be made for city police taking people into custody simply to calm the situation.
There seems no question that Repent America got its message out - informing gay-event participants that they faced eternal damnation, as well as carrying signs proclaiming "God Abhors You" and the like.
But when the group's leader sat down in the street, refusing to move after being warned by police of imminent arrest, it was no surprise that the cops began hauling protesters away. And probably not a disappointment to the protesters. Isn't that the point of many protests, to attract attention by getting arrested?
Here's what should have happened next: a fine for disorderly conduct or other misdemeanor for those who did the most to disobey police.
Instead, city prosecutors came up with a silly, public-enemy list of felony charges and lesser infractions. Bingo: martyrs-to-a-cause born.
Although charges were tossed out against most of the 11 protesters arrested Oct. 10, a city judge agreed there's evidence enough to warrant a trial for four remaining defendants.
Assistant District Attorney Charles Ehrlich contends that the protesters "wanted to provoke violence" - thus, the charges that carry years-long jail sentences. The charges should be reduced, or if it gets to trial, given very skeptical scrutiny.
That said, this case is being misread from afar by conservative Christian groups. They claim the city is persecuting the protesters for their religious beliefs against homosexuality.
First of all, the anti-gay group made its voice heard - and continues to do so, given the trial publicity. And what the faraway critics may not know is that Abraham's office is an equal-opportunity shop when it comes to over-the-top prosecutions of protest.
Out of the hundreds of 2000 Republican National Convention protesters charged with crimes, the overwhelming majority eventually were cleared. In fact, the last of those protesters were acquitted only a week or so after the Outfest arrests.
Even if Abraham hopes to polish her tough-on-crime image, engaging in overkill with felony charges against street protesters is no way to go.
BTW, since a remark in your post implies that you are in a leadership position in the U.S. Army, I want to thank you for serving our nation in that capacity and for the security that your service helps provide for me and my family.
Great post!
Anyone who would like to send a message of encouragement and support to the Christian men being prosecuted in Philly can email them HERE
The tsunami was clear evidence of such folly and its consequences. Those on the beaches -- with the rarest of exceptions -- could have had been alarmed by the recent massive earthquake at sea and the likely follow-on tsunami. Yet the the authorities were reluctant to imfringe upon the "feelings" of the then current high tourist season.
Those on the beaches could have known -- from study and history, as one ten year girl did -- that unexpected rapid withdrawal of the tide is nature's tsunami alert system. But the "feelings" of calm and serene vacation emptiness dulled their real senses. The animals sensed the danger and reacted -- showing how animals do NOT get overwhelmed by their "feelings" for they surely have have some small sense of feeling -- I have seen it myself.
Yet we humans -- "feelings" -- are powerful in us, and both a boon and a bane. "Feelings" however are no anchor, no method, no rule of law -- if alone. They must always be restrained and trained by history, intellect marked to history or proof and by established religious guideline.
The Media -- thinking themselves Emperors of Society we now see them as they are -- naked and corpulent on parade -- that media plays this afront of liberty and law only with the lights of "feelings". Though seen naked now by many, they will still win the day if we do not respond by logic and intellect deriving from precendent, historical context and established religious guidelines.
I am uncomfortable with the militants on both sides of the debate. The gay militants are very abrasive in their tactics, and so are the militant anti-gays.
I think some of the tactics by Repent America at this rally undermine other essential rights that conservatives have fought for - namely, the right to association that the Supreme Court upheld for the Boy Scouts. If the Boy Scouts can excluded gays, IMO the gays also have the right to exclude anti-gay groups from one of their gatherings. And I don't buy the public funds argument - the fact that the gays accepted city funds negates their ability to limit what groups can attend the gathering - because that argument is used to punish the Boy Scouts by governments - by depriving the Boy Scouts of public facilities.
Repent America could have protested just outside the gathering. Instead, they barged into the gathering with a bullhorn. And refused police orders to move.
However, having said that, they should be facing at worst minor misdemeanor charges - not felonies. Some of the gays behaved in a far worse manner - blocking movement through the rally, which is a criminal act in its own right - but were not charged. And Lynne Abraham's office has a history of selective prosecution. So any offenses committed by Repent America are dwarfed by the selective and malicious prosecution being carried out by the Philly DA's office.
There was a prosecutor on PMSNbC last night, he spoke in support of the homosexuals and every time he said basically that you can not speak against any of the special protected clases. IOW those in the approved anti-discrimination list have SUPERfree speech protection. You can't say ANYTHING against them. Homosexuals can bash normal people as "breeder" or religious zelots but nobody can say homosexuality is just plain wrong.
Seriously folks, bar complaints must be filed on those homosexual attorneys of the DOJ for pushing the arrests.
There is also a video tape which shows this is not even as inciteful as this article suggests. It was a "all the public invited" event. It was noisy, and they occupied a little corner.
This little fiasco only guarantees MORE of these events will be at homosexual prance-fests.
Gays demand the right to have sex in public rest areas and restrooms. I believe it is only a matter of time before some unelected judge holds that this behavior is a constitutional right---and that expressing a contrary opinion mandates a jail term.
How many times did we aks Lynne Abraham and the courts to charge Mr. Morris and how many times did they refuse?
There is preferential treatmant of protestors on the Right and protestors on the Left in Philadlephia. Lynne Abraham is terribly biased. And everyone should be concerned!!
Thank you for the ping!~
Ping!
I think the Inky is coming out for this group because they don't have to worry about trouble from their unions this time around if they stand up for the First Amendment. Goes to show just how deep their commitment is to basic civil liberties. Don's case had to scare the crap out of the Philly establishment. And still probably gives them some agita to this day - hopefully at some point it will give them more than that.
Yes, the difference in the way the INKY and others are covering this verses our case is amazing. I supppose it is far more wrong to make your views known in the faces of Teamsters to paraphrase then Philadlephia Mayorial spokesperson, Kevin Feeley.
BTW, in many respects all the upper courts have done with OUR case is continue the same injustice and abuse. And as I told you the National Teamsters are now claiming I am responsible for starting the whole thing. Like one of our lawyers said, if a corporation had been guilty of what the Teamsters and the Philadelphia Government were guilty of, we would have won OUR case, flat out long ago.
I don't know how much our case scares them, but we are willing to take it to the Supreme Court, if and that is a big IF (though they do have a propensity for first amendment cases), the Supremes are willing to hear it. People like Lynne Abraham and Ed Rendell who abouse their power, MUST be held accountable.
In the last sentence that should be "abuse."
I refer to it that way out of simplicity of nomenclature more that anything else, especially when talking about the matter to those who aren't all that familiar with it. A lot of people are aware of it, but don't chime in because of the parties involved. But you are right, you both have borne this case on your shoulders. And it's staggering that the Teamsters can claim that you started the matter. What, there were two of you against all those poor whittle Teamsters who just had to defend themselves against your vicious assaults? They should be embarassed to even try and make that claim - but shame is a quality that left most leftists long ago.
People like Lynne Abraham and Ed Rendell who abouse their power, MUST be held accountable.
You almost have to go to the federal level. Pennsylvania is too corrupt to deal with their own power structure.
It scared them at the time enough to risk one of the most blatant abuses of prosecutorial power of the late 20th century.
Look at the leadreship of Phila.. It is as corrupt as any I have ever known.
I noticed that but didn't get a chance to comment. They absolutely should be called to task for it. What a dsigraceful lie. Time for some letters to the editor!
Particularly if you do it in the faces of the left.
What bothers me about your analogy is that the gays wanted to join the boyscouts and become one of their leaders. The people from Repent America were not attempting to join a gay group and become one of their leaders, but were attending one of their PUBLIC events on Public Property.
I think a better analogy would be the gay groups insisting on being included in St. Patrick's day parades sponsored by Hibernian groups.
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