ACLU sues over law on funeral protests

The ACLU says the new law is overly broad and a prior restraint on speech.
By JEFF ORTEGA
VINDICATOR CORRESPONDENT
COLUMBUS -- The American Civil Liberties Union of Ohio has filed suit challenging the constitutionality of a new state law that places restrictions on political demonstrations at funerals.
In a suit filed last week in U.S. District Court in Cleveland, the ACLU says the new law, sponsored by state Rep. John A. Boccieri, a New Middletown Democrat, is an unconstitutional prior restraint on speech.
"Its provisions are 'facially' content-neutral, yet over-broad in their time, place and manner regulations of speech because they are narrowly tailored to serve a significant government interest and do not leave open alternative channels for communication," the lawsuit said.
The suit names Gov. Bob Taft and Ohio Attorney General Jim Petro, among others, as defendants. The suit seeks a declaration of the new law as unconstitutional and seeks court orders preventing the state from enforcing it.
What sparked this
The new law, which covers demonstrations at all funerals, arose out of controversies connected to protests at military funerals and would keep protesters at funerals 300 feet from all services.
The GOP-led Ohio Legislature approved the new law earlier this year and it has been signed by Taft, a Republican. The new law is to take effect Sept. 4.
Under the measure, violations of the restriction would result in a maximum of 30 days in the county jail and maximum fines of $250.
Boccieri says his measure was directed, in part, at the reported activities of Fred Phelps and the Westboro Baptist Church of Topeka, Kan. Phelps and his congregation reportedly use military funeral protests to garner attention for their message that God is punishing the United States for accepting homosexuality.
Boccieri is a major in the U.S. Air Force Reserve.
Shirley L. Phelps-Roper, a member of the Westboro Baptist Church, is the lead plaintiff in the lawsuit.
Boccieri said he's perplexed as to the ACLU's suit, noting that the group didn't testify before lawmakers when the measure was being considered.
"It does nothing to inhibit or prohibit free speech," Boccieri said of the new law. "It does nothing to curb content."
ACLU disagrees
Jeff Gamso, legal director of the ACLU of Ohio, disagreed.
"The breadth of it is astounding. It literally chills all speech," Gamso said.
A spokesman for Petro, a Republican, said the state plans to vigorously defend the new law.
"It's important to protect families who've lost a loved one," added Mark Rickel, a Taft spokesman. "We hope the law is declared constitutional."
The case has been assigned to U.S. District Judge Donald C. Nugent and remains pending.