Before you agree that the protesters should do jail time, I ask that you at least read the following extract from the protester's complaint.
The substance of it is, the police treated the Christian protesters differently than the gay counter-protesters, arrested protesters because the Pride organizers were "annoyed", and the cops refused to cite the laws they claimed the Christian protesters were breaking.
Read it, because it's likely exactly how anti-Bush protesters will be treated at the Inaugural.
26. On October 10,2004, Philly Pride Presents, Inc. ("Philly Pride"), a private
organization, held an event called "Outfest" on the public ways of Philadelphia. Outfest is an
annual event in which Philly Pride hosts a block party to celebrate 'National Coming Out Day''-
a celebration of one's proclamation of his/her homosexuality.
27. Outfest activities are spread over approximately fifteen (15) city blocks. Outfest
is bordered by Walnut Street to the north, Pine Street to the south, I lft Street to the east, and
Juniper Street to the west. Outfest materials characteize this area as the "GAYborhood."
28. Outfest is open to the general public. Philly Pride receives $22,500 yearly from
the City of Philadelphia to conduct OutFest. There is no cost of admission to attend Outfest
activities, and persons merely walking on the streets are indistinguishable from Outfest
participants. All persons are free to move about the public area in which Outfest takes place.
29. Prior to the October 10,2004 event date, Plaintiff Michael Marcavage requested
an application from Philly Pride because he intended to request that Repent America, an
unincorporated organization, be given a display booth at Outfest. Mr. Marcavage's request even
for an application was denied.
30. In the October 8,2004 edition of the Philadelphia Gay News, Attomey Charles
Yolz, senior adviser to Philly Pride Presents, Inc., was interviewed. Volz stated that members of
the Pink Angels would ca:ry large signs alongside Christians to block their access to Outfest
participants. Specifically,Yolz reportedly stated, "We'll have a moving pink wall around them.
Hopefully, they will be so frustrated, they won't come again. Talking to a piece of styrofoam is
not the same as talking to a crowd of people."
Homosexual Activists llinder Plaintiffs' Free Speech
31. Plaintiffs, wishing to adhere to their Biblical mandate to spread the gospel of
Jesus Christ, went to the public ways on which Outfest was hosted in order to proclaim the
Christian message of salvation through Jesus Christ.
32. Immediately upon arrival at Outfest on the aftemoon of October 10,2004,
Plaintiffs were confronted by Philadelphia police officers and persons calling themselves "Pink
Angels." The Pink Angels are a self-described security force comprised of gay and lesbian
persons, transsexual s, etc..
33. Upon seeing Plaintiffs, and in full view of Philadelphia police officers, the Pink
Angels locked their arms together in order to create a human wall that blocked passage of the
public sidewalk.
34. When Plaintiffs attempted to pass by the Pink Angels so as to enter the fifteen
(15) block area in which Outfest was being held, the Pink Angels tightened their grip and refused
to move, thereby preventing Plaintiffs from entering.
35. In response to the obstruction caused by the Pink Angels, Mr. Marcavage asked
police to order the Pink Angels to grant Plaintiffs access to the public sidewalk.
36. Captain William V. Fisher responded by informing Mr. Marcavage that he was
going to instruct the Pink Angels to break the blockade, but warned Mr. Marcavage against any
"silliness."
37. After the blockade was broken up, Mr. Marcavage asked Captain Fisher whether
there was a particular location from which Plaintiffs could express their message. Captain Fisher
responded that, because Outfest was located on public streets and sidewalks, Plaintiffs could go
wherever they wanted. Notwithstanding, Captain Fisher said that wherever Plaintiffs went,
police would follow.
38. Plaintiffs then chose a location on the public way from which they would attempt
to convey their message. As soon as Plaintiffs began to raise their voices and display their signs,
the Pink Angels formed a tight circle around them, thus surrounding Plaintiffs and isolating them
from other Outfest attendees. The Pink Angels then began blowing ear-piercing whistles and
hollering in loud voices. They also held pink Styrofoam boards that stood approximately ten
(10) feet high. These actions prevented Plaintiffs' message from reaching other Outfest
attendees.
39. Mr. Marcavage urged Captain Fisher to take action against the highly
intimidating, boisterous, and interfering actions of the Pink Angels, but he refused to do so.
40. Because Plaintiffs were unable to convey an effective message due to the actions
of the Pink Angels, they began to sing a Christian song.
4I. ln response to the singing, the Pink Angels began hollering and whistling louder
than before.
Police Respond to Heckler's veto by ordering Plaintiffs to Relocate
42. The noise generated by the Pink Angels prompted Henry David, the Outfest
emcee, to demand that police "move
out of my way'' because they were "annoylng."
43. Police responded immediately to Henry David's demand by telling Plaintiffs they
had to move.
44. Captain Fisher told Plaintiffs that they had to move because the City's legal
counsel advised him that Plaintiffs could no longer stay at that location.
45. As Captain Fisher began forcibly escorting Plaintiffs to another location, the Pink
Angels moved with them, still encircling them, and continuing to hoot, holler, whistle, and hold
their tall signs.
46. As the Pink Angels continued to significantly impede Plaintiffs' passage, Mr.
Marcavage complained to Captain Fisher that the Pink Angels were illegally obstructing
Plaintiffs passage. Captain Fisher responded by telling Mr. Marcavage to seek injunctive relief
in the courts if he felt his rights were violated.
47. As a result of police inaction, the Pink Angels continued to obstruct Plaintiffs'
passage and hinder their expressive activities.
48. At a certain place along the street, Captain Fisher informed Plaintiffs that they
could preach at that location because they were far enough away from the Outfest staging area
where Henry David was located.
49. Shortly after Plaintiffs began expressing their message at the location approved by
Captain Fisher, Philadelphia police legal advisor Karen Simmons informed Mr. Marcavage that
Plaintiffs must lower their signs.
50. When Mr. Marcavage asked why, Attorney Simmons responded that Plaintiffs'
signs were hampering vendors from conducting their business. All the while, the Pink Angels
had Plaintiffs encircled, and were holding large signs.
51. Mr. Marcavage then pointed out to Attorney Simmons that it was the signs of the
Pink Angels that were obstructing the vendors. In response, Attorney Simmons stated that the
Pink Angels would lower their signs if Plaintiffs lowered theirs first.
52. At this point Chief Inspector James Tiano, liaison between the police department
and the Philadelphia homosexual community, made his presence known to Plaintiffs.
Chief Inspector Tiano Orders Plaintiffs to Relocate a Second Time
53. Chief tnspector Tiano ordered Plaintiffs to relocate to Walnut Street, an area on
outside of Outfest.
54. Upon hearing this order, Mr. Marcavage approached Chief Inspector Tiano and
asked him to cite the law Plaintiffs were allegedly violating. Chief Inspector Tiano refused to
respond. Mr. Marcavage then voiced his concern that the order to relocate along the outer
perimeter of Outfest would prevent Plaintiffs from conveying their message to their intended
audience.
55. Chief Inspector Tiano did not respond to Mr. Marcavage's concerns.
56. Mr. Marcavage made plain his willingness to cooperate with police short of being
driven out of the event.
57. When, after repeated requests, Chief Inspector Tiano refused to inform Plaintiffs
of the law they were allegedly violating, Plaintiffs began moving away from the area that
Captain Fisher initially had them stop to move to a better location.
Chief Inspector Tiano Orders Plaintiffs' Unlawful Arrest
58. As Plaintiffs began moving away from Walnut Street, Chief lnspector Tiano
immediately stopped them and placed them under arrest.
59. Captain Fisher and Attomey Simmons approved and/or consented to the arrest of
Plaintiffs.
60. All Plaintiffs were then handcuffed by police, herded into a paddy wagon, and
taken down to a police station for booking. Plaintiffs were placed under arrest at approximately
1:30 pm on the afternoon of October 10,2004.
61. Ten of the eleven Plaintiffs were held in police custody for twenty-one (21) hours.
Plaintiff Linda Beckman was held in police custody for ten (10) days.
62. Each plaintiff was charged with eight criminal counts, including three felonies
(criminal conspiracy, ethnic intimidation, and riot), and five misderneanors (obstructing a
highway, recklessly endangering another person, failure to disperse, disorderly conduct, and
possession of an instrument of crime).
63. If convicted on all counts, Plaintiffs face a maximum of forty-sev en (47) years in
prison.
64. No persons other than Plaintiffs were cited or arrested for conduct arising out of
Plaintiffs' First Amendment activities at Outfest.
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