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.
Why are the radical queer Justice attorneys who orchestrated this entire farce still at work in D.C.? They should be immediately suspended pending a full investigation by Ashcroft.
"I wonder how Dembe voted in November."
Well, I looked it up. Apparently, she's a Democrat. At least she takes seriously the right to free speech instead of seeing it as a privilege afforded to those with whom she agrees.
Well, there's a difference between speaking and holding a demonstration. A city needs to be able to plan for that type of thing. What would be unconstitutional is for the city to deny that permit if you weren't going to be impeding on anyone else's rights.
I read where there were FBI agents marching with the 'gays'......and they advised the cops what charges should be filed. They should be exposed.
Sure Meehan is a 'RAT'....big time, and so is Lynne Abrahams. Philly is rotton to the core. How else did sKerry win PA!
Amen!!
SUE THESE GD PEOPLE!
Take thier PINK WINGS!!
I've emailed the Justice Dept. about it and have yet to receive a reply.
Dembe is right, of course. But if Dembe is a judge, what is he/she doing publically pronouncing an inclination to rule on a future motion in a case--maybe this is a quote from an opinion?
And up in Ill. the Gov. said -as he signed into law an
amendment to add "Sexual Orientation"as protected class.
"what we're doing is older than Scripture,Love thy neighbor.
I's what Jesus said when he gave the Sermon on the Mount.Do unto others what you would have them do unto you."Ill.joins
fourteen other States that grant special class protection for "Sexual Orientation." And in Ill. As in PA there are no
exemptions for the religious. DO agree with the Gov. of Ill.
on one point what they did is older than Scripture. HE was about as close to the truth as the serpent in the garden when he "Wholly seduced Eve."
Ping
are these the same folks that face 47 years in prison for their demonstration? Does this mean they might go free now?
YES!
It may be worth the trip to participate.
Municipal Court = Kangaroo Court
Ask any lawyer
If you want on/off the ping list see my profile page.
Good - this could lead to the felony charges being dropped. Hooray for the judge who sees the 1st Amendment violation here.
He's a Republican whose father, now brother, is the Philadelphia Republican party boss. But in Philadelphia, where there effectively is NO Republican Party that equals a Democrat. They like to give Judge Meehan these kinds of cases, to make it appear as though the decision he makes is nonbiased and nonpartisan.
Unfortunately, they should, and may have to. Only so it doesn't continually happen, because if will if they doon't sue.
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