Posted on 01/22/2005 3:15:27 PM PST by new cruelty
PHILADELPHIA - Four members of a conservative Christian group may resume picketing gay-themed events in Philadelphia after a judge lifted a restriction that kept them away.
Common Pleas Court Judge Pamela Dembe called the restriction an unreasonable restraint on free speech.
"We cannot restrict people's right to speak or to be near those who might not wish to hear them into the future," Dembe said Friday.
Dembe overturned a ruling by Municipal Court Judge William A. Meehan against the demonstrators, who are affiliated with a local group called Repent America and who say their opposition to homosexuality is based on the Bible. Meehan had ordered the group to stay at least 100 feet away from any "homosexual event."
The defendants' attorney, C. Scott Shields, told Dembe that Meehan's order had effectively "muzzled" the his clients, "and that's unconstitutional as a prior restraint."
The activists still face a variety of charges, including felonies, in connection with their protest last fall at Outfest, a street festival for gays and lesbians in downtown Philadelphia.
However, after viewing a 22-minute videotape of the events leading to the defendants' arrest, Dembe indicated she might dismiss the entire case.
"It all amounted to annoyance on both sides, but it did not amount to criminal behavior that I can see," Dembe said.
Cathie Abookire, a spokeswoman for District Attorney Lynne M. Abraham, said the prosecution would proceed with the case. A pretrial hearing is scheduled next month, at which Dembe is to hear arguments on dismissing the charges.
The activists, led by Repent America founder Michael Marcavage of Lansdowne, say they are being prosecuted for voicing their religious belief that homosexuality is a sin.
Assistant District Attorney Charles Ehrlich said the criminal charges were based on the defendants' conduct, not what they said.
"Mr. Marcavage's conduct is to try to incite a crowd to cause a public disturbance ... whether it's from the Bible or somewhere else," Ehrlich said.
Didn't the judge hear?? Only liberals are allowed to exercise the right to demonstration!
Good for them! The facts never sounded like they were being disruptive, just contradictory.
A Judicial Complaint need to filed against this Clown(Judge). AND A SERIOUS Lawsuit against Phili need to be filed.
The Hate Crimes Laws are nothing more than the implementation of the Values set forth in the European Socialist Manefesto. They undermine our Gurantee of Freedom of Speech by the Constitution. The Hate Crimes were put into law to do just that. We have the right to Hate just as we have the right to Love. The Constitution of the United States is slowly but surely being replaced with the Socialist Version of the European Constitution, read it for yourself:
http://www.freerepublic.com/focus/f-news/1254190/posts
http://waysandmeans.house.gov/hearings.asp?formmode=view&id=954
"It all amounted to annoyance on both sides, but it did not amount to criminal behavior that I can see," Dembe said.
I wonder how Dembe voted in November.
Wow! Conservatives have the same rights as liberals!!
Well,... maybe.. don't coun't your horses before you hold your chickens... or something like that. : )
ping for freedom
About time there was a judge with some sense in this case! Pray for dismissal~!
Don't assume. This is a chess game. The judge may dismiss this case because the left does not want to give more ammo to conservatives to pursuade the mushy middle.
Case in point, remember when the media went stealth on all the marriage amendments.
"Hate Crimes Laws" are designed for the Suppression of Judao-Christian values!
You're very observant in your point. I agree 100%.
They are a patient but very politically astute opponent.
Have a great day.
I think the typesetter scrambled the judge's words here.
Dembe once rejected Mumia Abu-Jamal's appeal for a post conviction relief hearing. I think she is a straight shooter.
Permitted?? No permission is need to speak in a free country.
The city of Philadelphia thinks you need a permit...
REGULATION GOVERNING PERMITS FOR DEMONSTRATIONSON CITY PROPERTY
Section 2. No person or entity shall conduct or hold a Demonstration on City Property without firstobtaining a Permit from the City
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