Posted on 01/21/2005 1:22:40 PM PST by w13gav
The four adult defendants who are part of the "Philadelphia 5," Christians who have been criminally charged for preaching at a homosexual event last fall, won a court battle today when a judge removed the bail requirement that they stay at least 100 feet away from any homosexual gathering.
"The judge dissolved the bail restriction," the defendants' attorney Scott Shields told WND.
Court of Common Pleas Judge Pamela Dembe ruled the bail requirement was an "unusual restriction on a person's right to speech."
"We're gratified with the ruling," Shields said. "This judge recognized that my clients definitely do have the right to speak freely about any issue they want, especially in the public square."
As WorldNetDaily reported, on Oct. 10, a group of 11 Christians was "preaching God's Word" to a crowd of people attending the Philadelphia "OutFest" event and displaying banners with biblical messages.
After a confrontation with a group called the Pink Angels, described by protesters as "a militant mob of homosexuals," the Christians were arrested and spent a night in jail.
Eight charges were filed: criminal conspiracy, possession of instruments of crime, reckless endangerment of another person, ethnic intimidation, riot, failure to disperse, disorderly conduct and obstructing highways.
None of the Pink Angels was cited or arrested.
After a preliminary hearing in December, Judge William Austin Meehan ordered four of the Christians to stand trial on three felony and five misdemeanor charges. If convicted, they could each get a maximum of 47 years in prison. One female teenage protester faces charges in the juvenile justice system.
Besides ruling on the bail restriction, Dembe viewed the videotape of the OutFest protest and said she could not see any criminal activity being committed.
Brian Fahling, senior trial attorney for the American Family Association Center for Law & Policy, is also working with the Philly 5.
"It is clear that Judge Dembe understands and values the First Amendment; and because of that, she recognized that what is depicted in that video which captures everything at issue in this case, as we have been saying all along, is classic peaceful First Amendment activity."
Discussing the judge's ruling, Shields stated, "It was a good day for freedom."
The next hearing date scheduled for the protesters is Feb. 17, when the court will consider their motion to dismiss the case. Seventeen-year-old Lauren Murch's trial date is Feb. 18.
The jusge should have thrown out the case citing the fact that the law is a clear violation of the first amendment.
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Any homosexual gathering??? That would eliminate most resturants, bars, movie theaters and perhaps even public schools...
Time for a new tagline...
Christians are now required to check their religion at the door when they approach a public school.
Freedom OF religion is NOT freedom FROM religion.
Good news, as far as it goes. The case should, however, be thrown out.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Philadelphia is violating the First Amendment on 4 counts.
They are respecting an establishment of religion.
They are prohibiting the free exercise of religion.
They are abridging the freedom of speech.
They are abridging the right of the people peaceably to assemble.
I forgot who has the ping list on this topic. I should remember, since I'm on the list. If you know, ping them please.
And those arrested should sue the City of "Brotherly Love" for civil rights violations.
FYI Judge Dembe is a fairly nice woman and a decent judge.
"Any homosexual gathering??? That would eliminate most resturants, bars, movie theaters and perhaps even public schools..."
And The Opera Company, Walnut Street Theater, the Annenberg Center, the Wilma, Society Hill Theater, the Locust Street Theater, Lord & Taylor, Strawbridge's, The Gallery, any hair salon, the 4th St fabric district, South Street between 8th and Front, any health club, the University of the Arts, the Faculty Club at the University of Pennsylvania, and most Ticketron call centers.
On the other hand, Philadelphia is the historic home of many family groups and multi-generational ethnic and Mummer social clubs, some dating back to the 1700s, not to mention a large Russian community of escapees from Soviet oppression, as well as huge numbers of Roman Catholics, plus Lubavitch Jews, evangelical Christians and African-American churches, most of these latter of which regard homosexuality as a sin.
My guess is that the latter groups outnumber the gay groups by a substantial percentage; and furthermore, that no one in City Council consulted with them when deciding to turn Philadelphia into a gay mecca and using their hard-earned blue-collar tax dollars to promote homosexual high life.
Harry & Jeremiah have the ping list....now I'll read the article...
Did you read the comment that had been made by an ACLU attorney on a previous thread and even he said it was over reaching or something to that effect.
The DA is way out of bounds and so is Judge Meehan! He agreed with the prosecutor that the scriptures quoted were fighting words.
Let's see if they actively pursue charges against the people who have threatened Marcavage. I'm not holding my breath for that one.
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Good news.
All of that yes, and more. The CHristians should turn around and sue whoever was involved in the arrest! Money paid will make them think twice about instituting these stupid hate crimes laws!!!
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