Friday, October 07, 2011

Christian Proselytizers Lose Most Claims Against Chicago for Location Restrictions

In Marcavage v. City of Chicago, (9th Cir., Oct. 4, 2011), a Christian outreach group, Repent America, sued claiming that their religion, free speech and equal protection rights were violated during the 2006 Gay Games in Chicago when police in three instances ordered the group to change the location of their activities.  The court held that police orders given at two locations were content neutral and narrowly tailored to prevent interference with pedestrian traffic. Two of the 3 judges held that claims as to plaintiff's treatment at Gateway Park, adjacent to Navy Pier, should be remanded for further clarification of the reasons for the city's permit policy there. Courthouse News Service reports on the decision. (See prior related posting.)