Two federal lawsuits filed against City of Aurora

by Jill Stanek

The pro-life protest against Planned Parenthood Aurora was scheduled for Saturday, August 25, at 9:00a. But to ensure that constitutional freedom, Pro-Life Action League had to file a federal lawsuit against the City of Aurora and only got an emergency hearing Friday at 4:00p.

I spoke with PLAL's attorney, Tom Brejcha of Chicago's Thomas More Law Center, this morning. Tom said they filed the lawsuit against Aurora ordinances that are clearly unconstitutional and subjectively enforced. There are two contentions.

The first contention is for "sign suppression." Police officers have been telling pro-lifers who were picketing and praying at the mill their signs had to remain mobile, not staked in the ground, not leaning against a tree, but constantly moving. Officers were removing the little staked crosses and even told a pro-lifer in a wheelchair he had to hoist his huge graphic sign and move it along.

Yet Eric Scheidler of PLAL took pictures of union, commercial, and political signs in Aurora certainly not in motion.

The second contention is against Aurora's ordinance stating whenever more than 100 people assemble, the group must have a permit. PLAL's lawsuit asked how could a count be anticipated for a gathering such as Saturday's?

PLAL and Tom have such chutzpah. Tom explained the sequence of events leading up to the federal lawsuit filing:

I had called the police commander three times with no call back. So Eric and I went to see him. He wouldn't take our visit. He said he'd call us after speaking with the city attorney.

Who was that, we asked?

Alayne Weingartz. So Eric and I went to visit her.

We explained the sign ordinance allows exceptions for signs conveying political and personal expression.

Ms. Weingartz said she didn't know that our signs fell into the political exception.

I said, "You've got to be kidding. This is the most divisive political and social issue in the country."

I asked, "What about personal expression?" She had no answer.

As for the freedom of expression, Ms. Weingartz said, "There have been a lot of complaints about your people and what they're doing."

I said, "That's the very purpose of free speech - to invite dispute and to have profound, unsettling effects on people. That's the way you open a dialogue."

She said she would call me back, but she didn't either.

So I sued them.

In court, the other side only agreed they would not enforce the permit and would not require people to carry signs. Signs could be put on the ground.

"But they didn't agree to any more than Saturday," said Tom, "So it's a live lawsuit and we will prosecute with vigor."

Tom said the ordinances are blatant violations of the 1st and 14th Amendments to the Constitution, allowing for subjective enforcement and viewpoint discrimination.

[Photos of various signs in Aurora courtesy of Eric Scheidler]

Comments

[Dan Wurtz]

I applaud you on your vigor and pursuit of equal rights for Christians and Pro live activities such as this one.
I don't know if you knew that there was to be a small prayer vigil outside the Planned Parenthood in Aurora on Monday August 27th by Light of the World of Holy Cross. If any of their rights were infringed upon as specifically detailed in your post, I will be in contact with you as this will show a pattern not just an instance.

I am not a member of Holy Cross, but I know a few people who were planning to attend.

Thanks for your work and your post to communicate what is purposefully overlooked or skewered by the PC Brigade known as the Media.
Thank to Illinois Review for this site.

[Auroran sick of seeing disgusting pictures in public]

I am seriously sick of seeing these nasty pictures in public. I don't like abortion either, but I don't see how standing on the street praying with gory pictures is going to do anything about it.

[Jericho]

What is in the works for Labor Day weekend? A fittingly named day for a protest over the right to life.

"Choose life and live."