It's settled: Tractor trailer displaying Christian message remains along NY highway

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BINGHAMTON, N.Y. — Alliance Defense Fund attorneys representing a Christian man reached a favorable settlement with the New York Department of Transportation, which agreed to allow Daniel Burritt's trailer donning a gospel message to remain on his private business property along a public highway. The tractor trailer had previously been cited as a "public nuisance," and NYDOT warned Burritt that it would be forcibly removed if the Christian message remained visible from the highway.


	Daniel Burritt's trailer, parked on private property along NY highway.

"No Christian should be singled out and penalized for sharing his beliefs," said ADF Legal Counsel Matt Bowman. "After reaching this settlement with NYDOT, we are pleased Mr. Burritt can now freely enjoy his First Amendment right to display a religious message on his own property."

In August 2007, Burritt placed a tractor trailer--where he stores supplies for his company, Acts II Construction, Inc.--on his private business property along U.S. Route 11. The trailer displays a gospel message to each direction of highway traffic and is one of many ways in which Burritt uses his property to evangelize.

He was cited that year by Gouverneur town officials over the message, but the charges were dropped after interaction with ADF attorneys. Burritt then received a letter in May 2008 from NYDOT stating his trailer was in violation of state law and would be declared a "public nuisance." NYDOT asserted that the trailer required a permit and must be removed or face forcible removal and legal action, even though it does not require permits for similarly displayed commercial messages.

ADF attorneys filed the lawsuit, Burritt v. New York State Department of Transportation, in June 2008 with the U.S. District Court for the Northern District of New York, alleging the state violated the Constitution through its discriminatory treatment of Burritt's speech. After filing, an agreement was reached with NYDOT to let the trailer remain until a ruling could be rendered. The court issued a preliminary injunction last December preventing NYDOT from removing the trailer sign while the rest of the case was being litigated, and denied the state's motion to dismiss the case.

ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.

www.telladf.org

Note: Facts in ADF news releases are verified prior to publication but may change over time. Members of the media are encouraged to contact ADF for the latest information on this matter.

1 posted on 03/14/2009 3:32:43 AM PDT by GonzoII

2 posted on 03/14/2009 3:34:12 AM PDT by PureSolace (Trust in God)

Recently Muslims were allowed to put messages on NYCity’s subways, but that was okay. We mustn’t offend them.

3 posted on 03/14/2009 3:36:05 AM PDT by hershey

I can see a church steeple as I drive along Rte. 280...

4 posted on 03/14/2009 4:34:42 AM PDT by zwerni (this isn't gonna be good for business)

So it’s come to this.

They are coming for all of us.

5 posted on 03/14/2009 4:51:31 AM PDT by Carley (President Obama ~ Leaving No Tax Cheat Behind)

As you drive south from Gouverneur toward Watertown, NY, along US Route 11, you are able to view this trailer box. It is refreshing to know that our country will still allow freedom of expression at least for now. Time will tell... k2.....

6 posted on 03/14/2009 5:03:40 AM PDT by k2afe (Get the U.S. out of the UN and Get the UN out of the U.S.)

So it’s come to this.
They are coming for all of us.

Obama - President -Socialist
Pelosi -House Leader - Communist
Yes, yes they are.............

7 posted on 03/14/2009 5:14:26 AM PDT by SECURE AMERICA (Coming to You From the Front Lines of Occupied America)

We really need a Constitutional Amendment protecting us from Government Intrusion. They don't seem to appreciate the meaning of the document so far, so I'm offering the suggestion that it make Government Employees personally, civilly and criminally liable whenever they violate the clearly defined actual rights of the citizens they work for. Note the cleaver wording the precludes prosecution for imagined slights and make believe rights and more importantly, does not apply to illegal aliens.

8 posted on 03/14/2009 5:17:48 AM PDT by bitterohiogunclinger (America held hostage - day 141)

To: hershey; WKB; Salvation; greyfoxx39

Recently Muslims were allowed to put messages on NYCity’s subways, but that was okay. We mustn’t offend them.

The atheists are paying to put anti-God messages on the backs of city buses and I didn't see any DOT complaining about that.

9 posted on 03/14/2009 5:23:44 AM PDT by metmom (Welfare was never meant to be a career choice.)

“So it’s come to this.

They are coming for all of us.”

I also find this disturbing; that recognition of the most fundamental exercise of the freedoms once guaranteed by the Fisrt Amendment is now a major news story. Persecution of Christians is slowly becoming official government policy. I won’t be surprised to see Obama create an agency to do just that.

10 posted on 03/14/2009 5:34:43 AM PDT by Spok (The Sinopian Sage)

To: Beloved Levinite; TwelveOfTwenty; arderkrag; dixiebelle; raynearhood; Between the Lines; Enosh; ...

11 posted on 03/14/2009 5:37:57 AM PDT by WKB

“They are coming for all of us.”
Some of us are going to have some fun then.

12 posted on 03/14/2009 5:53:06 AM PDT by Farmer Dean (168 grains of instant conflict resolution)

Over here in the UK, where the atheist/agnostic/humanist bus slogans came in a few months ago, it was made clear that they were put up in response to the Christian messages which had been on buses for a long time before that. In my view, as long as all groups have equal access to this right, then it has to be allowed on grounds of free speech.

In this case especially, there are no public law/justice issues to muddy the waters. It doesn’t matter what’s on the sign (within reasonable limits such as incitement to racial hatred), the person clearly has the right to display it on their own ground.

13 posted on 03/14/2009 6:15:50 AM PDT by Browen82

"After reaching this settlement with NYDOT, we are pleased Mr. Burritt can now freely enjoy his First Amendment right to display a religious message on his own property."

If we truly had "First Amendment" rights, one would not NEED a settlement with anyone.
His trailer, his property, his first amendment right...end of story.

Meanwhile...
Islam and Free Speech

WAKE UP AMERICA!!!

14 posted on 03/14/2009 6:24:54 AM PDT by Just A Nobody (Better Dead than RED! NEVER AGAIN...Support our Troops! Beware the ENEMEDIA)

15 posted on 03/14/2009 7:27:59 AM PDT by nmh (Intelligent people recognize Intelligent Design (God).)

As much as I appreciate what the ADF and other such organizations do in these cases, they utimately turn out to be a cruel joke.

All the court said was that HIS trailer could stay. The poor sap 3 miles down the road, or the guy in the next state, has to go through this whole process again.

The ADFs approach requires 150,000 lawyers, working 24/7, including 4th of July, just to keep even with the attacks.

16 posted on 03/14/2009 8:14:49 AM PDT by Balding_Eagle (If Liberals would pay their taxes, there would be no deficit..)

"It is refreshing to know that our country will still allow freedom of expression at least for now."

Amen to that.

17 posted on 03/14/2009 9:02:34 AM PDT by GonzoII ("That they may be one...Father")

18 posted on 03/14/2009 9:15:02 AM PDT by Cacique (quos Deus vult perdere, prius dementat ( Islamia Delenda Est ))

19 posted on 03/16/2009 12:18:34 AM PDT by SuperLuminal (Where is another agitator for republicanism like Sam Adams when we need him?)

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