This ruling is particularly pertinent in the light of Florida's recent
ruling (per NPR)making cameras, masks, protest signs, puppets, and other tools
for demonstrators illegal just prior to the planned demonstrations in Miami,
November 19-21, against the ministerial meeting to continue planning for
the FTAA.
ruling (per NPR)making cameras, masks, protest signs, puppets, and other tools
for demonstrators illegal just prior to the planned demonstrations in Miami,
November 19-21, against the ministerial meeting to continue planning for
the FTAA.
Joanne
----- Original Message -----
From: Michael
Sent: Friday, October 24, 2003 4:26 AM
Subject: Re: [media-states] Press Release: Indiana Green Party Sets
Program for 2004
Program for 2004
FOR IMMEDIATE RELEASE
The Green
Party of Florida
October 22, 2003
Contact:
Mark Kamleiter
727-323-2555
William McLean
727-520-9199
Green Party
peace activist wins federal civil rights case
A victory for constitutionally protected free
speech
TAMPA, Florida -- The United States District Court in Tampa,
Florida, has struck down criminal charges filed against peace and justice
activist and veteran William McLean, who was found not guilty of disorderly
conduct and unauthorized demonstration for promoting peace outside the Bay Pines
Veterans Administration Medical Complex in Pinellas County on March 27,
2003. The federal court's fifteen page opinion issued
by US Magistrate Judge Mary S. Scriven was received Thursday, October 16, 2003.
McLean challenged the constitutionality of the regulations under which
he was charged, and in United States of America v. William McLean, the defendant
won. The trial took place in July, and McLean was
defended by St. Petersburg attorney Mark S. Kamleiter, who called the ruling "a
victory for constitutionally protected free speech." Kamleiter serves as
co-chair of the Green Party of Florida and is a Board Member of the Pinellas
American Civil Liberties Union.
After a medical appointment at the VA
Medical Center, McLean and his wife Lynn decided to exercise their free speech
rights outside the entrance to the complex by holding
signs which said "Trust God...NOT BUSH" and "Blessed are the
Peacemakers." VA police officers then told the McLeans they
couldn't stay on that side of the street, and that "the whole street is U.S.
Government property."
McLean said the couple started to cross the street, but were
called back by police to produce identification.
They were told - one time, according to McLean's testimony - to keep their signs
down. They were then led from the street over onto VA property. "We were
completely compliant with all requests during this time, McLean said.
"This took about 5 minutes, after which we led back off VA property to the
cross walk to go to the other side of the road. We were never given our I.D.s
back or we would have just left that side of the street."
.
At that time a VA Police officer named
Atkinson told the McLeans that holding up the signs on the other side of the
street would result in arrest. McLean replied by saying in a calm voice,
"There is a Constitution," which visibly angered officer Atkinson, who asked McLean if he
"wanted to be arrested." McLean didn't reply, insteadlifted
his peace sign, which prompted
his immediate arrest. McLean was handcuffed and the police seized the couple's
signs, even though they had been demonstrating outside of VA
walls.
McLean says of his treatment by
the VA police: "He then dragged me by the handcuffs behind my back and knocked
my head in the side of the police car. I was not in any way resisting.
I was then taken to
a 3 by 3 foot holding cage where I remained handcuffed with my wrists swelling
up for three hours. I later returned to the Emergency Room at the VA where these
injuries were documented and treated." McLean says the VA police officers were
not truthful or accurate in their reporting of the
incident.
The Court found that although McLean was
technically on the property of the VA Hospital, his position on a traffic
island/crosswalk outside the boundary walls of the complex was a
constitutionally protected public forum. The Court also found that the VA had
failed to demonstrate a reasonable grounds for prohibiting free speech in that
area and dismissed the "unauthorized demonstration" charges. The Court
found further that he could not be found guilty of "disorderly conduct" if the
conduct in question consisted solely of the constitutionally protected exercise
of free speech. Accordingly, the "disorderly conduct" charges were dismissed.
William McLean is an activist for the homeless and with the Campus
Greens. He is a member of Veterans for Peace, the ACLU
and the Pinellas Green Party, and continues to hold
weekly peace vigils with others in front of the Bay Pines VA Hospital.
#
# #
[A copy of the District Court ruling is available from
attorney Mark Kamleiter's office.]
The Green
Party of Florida
October 22, 2003
Contact:
Mark Kamleiter
727-323-2555
William McLean
727-520-9199
Green Party
peace activist wins federal civil rights case
A victory for constitutionally protected free
speech
TAMPA, Florida -- The United States District Court in Tampa,
Florida, has struck down criminal charges filed against peace and justice
activist and veteran William McLean, who was found not guilty of disorderly
conduct and unauthorized demonstration for promoting peace outside the Bay Pines
Veterans Administration Medical Complex in Pinellas County on March 27,
2003. The federal court's fifteen page opinion issued
by US Magistrate Judge Mary S. Scriven was received Thursday, October 16, 2003.
McLean challenged the constitutionality of the regulations under which
he was charged, and in United States of America v. William McLean, the defendant
won. The trial took place in July, and McLean was
defended by St. Petersburg attorney Mark S. Kamleiter, who called the ruling "a
victory for constitutionally protected free speech." Kamleiter serves as
co-chair of the Green Party of Florida and is a Board Member of the Pinellas
American Civil Liberties Union.
After a medical appointment at the VA
Medical Center, McLean and his wife Lynn decided to exercise their free speech
rights outside the entrance to the complex by holding
signs which said "Trust God...NOT BUSH" and "Blessed are the
Peacemakers." VA police officers then told the McLeans they
couldn't stay on that side of the street, and that "the whole street is U.S.
Government property."
McLean said the couple started to cross the street, but were
called back by police to produce identification.
They were told - one time, according to McLean's testimony - to keep their signs
down. They were then led from the street over onto VA property. "We were
completely compliant with all requests during this time, McLean said.
"This took about 5 minutes, after which we led back off VA property to the
cross walk to go to the other side of the road. We were never given our I.D.s
back or we would have just left that side of the street."
.
At that time a VA Police officer named
Atkinson told the McLeans that holding up the signs on the other side of the
street would result in arrest. McLean replied by saying in a calm voice,
"There is a Constitution," which visibly angered officer Atkinson, who asked McLean if he
"wanted to be arrested." McLean didn't reply, insteadlifted
his peace sign, which prompted
his immediate arrest. McLean was handcuffed and the police seized the couple's
signs, even though they had been demonstrating outside of VA
walls.
McLean says of his treatment by
the VA police: "He then dragged me by the handcuffs behind my back and knocked
my head in the side of the police car. I was not in any way resisting.
I was then taken to
a 3 by 3 foot holding cage where I remained handcuffed with my wrists swelling
up for three hours. I later returned to the Emergency Room at the VA where these
injuries were documented and treated." McLean says the VA police officers were
not truthful or accurate in their reporting of the
incident.
The Court found that although McLean was
technically on the property of the VA Hospital, his position on a traffic
island/crosswalk outside the boundary walls of the complex was a
constitutionally protected public forum. The Court also found that the VA had
failed to demonstrate a reasonable grounds for prohibiting free speech in that
area and dismissed the "unauthorized demonstration" charges. The Court
found further that he could not be found guilty of "disorderly conduct" if the
conduct in question consisted solely of the constitutionally protected exercise
of free speech. Accordingly, the "disorderly conduct" charges were dismissed.
William McLean is an activist for the homeless and with the Campus
Greens. He is a member of Veterans for Peace, the ACLU
and the Pinellas Green Party, and continues to hold
weekly peace vigils with others in front of the Bay Pines VA Hospital.
#
# #
[A copy of the District Court ruling is available from
attorney Mark Kamleiter's office.]
