Did a Michigan Town Ban Tea Party Signs in Public Parks?
- Posted on April 11, 2011 at 6:20pm by
Emily Esfahani Smith
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The Common Sense Patriots of Branch County–a tea party group–has filed a lawsuit in federal court objecting to the city of Coldwater’s ordinance prohibiting the posting of signs in a public park. (Images via the group’s facebook account.)
That ordinance was passed by the City Council last November and forbids “the display of banners or other signs of any type or description whatsoever in the Four Corners Parks in the City of Coldwater.”
But the timing of the ordinance calls into question whether it was directly aimed at the tea party signs. Before the ordinance was passed, the tea party group displayed signs and banners in the park that read “No More Taxes,” “Give Me Liberty . . . Not Debt,” and “Born Free . . . Taxed to Death.”
According to a local report from the Mackinac Center:
A federal lawsuit claims a Branch County tea party group was denied the right to display banners and signs at a tea party rally at a public park in Coldwater because it was “too political” and “too controversial.” The Coldwater City Council then passed a resolution banning all banners and signs in that park.
The Thomas More Law Center law firm filed its lawsuit last week in the U.S. District Court for the Western District of Michigan. Attorney Robert Muise of the Thomas More Law Center alleged that Coldwater City Manager Jeff Budd objected because the Common Sense Patriots of Branch County were “too political” and “too controversial.”
Budd didn’t respond to an email seeking comment. Heather Peet was the only person of the nine-member City Council to respond to an email seeking comment. She referred questions to John Hutchinson, the city’s legal counsel. Hutchinson didn’t respond to a phone message left at his law office or an email.
In a Nov. 2 memo to the City Council, Budd stated the “administrative headaches” of increased requests to have banners in the park led the city to either “allow all banners or no banners.”
Barb Brady, a member of the Common Sense Patriots of Branch County and one of the plaintiffs in the lawsuit, referred questions to the Thomas More Law Center.
According to the lawsuit, the Common Sense Patriots had held five rallies at the Four Corners Park. Muise said to regulate speech at a traditional public forum such as a city park, regulations must be precise. He said the ban of all signs and banners is too broad.
“Instead of using a scalpel, they used a sledgehammer,” Muise said. “They didn’t mind when they had people put up banners for some innocuous event, but when the tea party put up their sign, they said, ‘Wait a minute. This is too controversial.’ ”
“There is a problem when you ban everything in a traditional public forum.”
According to another report, the city had allowed the tea partiers to gather in the park and post their signs until the city started receiving complaints. Then, the council changed its policy on such signs:
The Common Sense Patriots gather several times each year for “TEA parties,” which they would often hold at the Four Corners Park. These political assemblies and rallies would invariably involve the display of numerous political signs and banners with slogans such as “No More Taxes,” “Give Me Liberty . . . Not Debt,” and “Born Free . . . Taxed to Death.”
As it had with other groups in the past, the City allowed the Patriots to place a sign at the park entrance announcing their meetings. Last July that suddenly changed. Without giving any specific explanation other than the City had received some complaints, the City Manager informed the Patriots they could no longer put up their sign.
TMLC stepped in on behalf of the Patriots and sent a letter to the City Manager demanding that he reverse his position. Within a few hours of receiving the letter, he did, and the sign was posted. However, in his response, the City Manager indicated that “a formal policy on displays in the city parks will soon be forthcoming.”
The lawsuit alleges that the City’s new sign restriction burdens substantially more speech than is necessary to further the City’s interests; that it is not narrowly tailored to serve a significant government interest; and that it does not leave open ample channels of communication for the Patriots to meaningfully and effectively express their political message in direct violation of the Free Speech Clause of the First Amendment.
Read the court complaint here.
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Comments (118)
ED4237
Posted on April 11, 2011 at 7:19pmThey don’t want the truth out there thats all. They can’t stand freedom of speech unless it is their lefty message.
Report Post »RightPolitically
Posted on April 11, 2011 at 7:14pmRemember folks, leftists DO NOT believe in free speech! They believe in AGREEABLE SPEECH and that can never be free.
Report Post »jungle J
Posted on April 11, 2011 at 7:14pmyou are starting to sound paraanoid…be careful…don’t let those people rule you…paranoia is for progressive..you are being infiltrated!!!
Report Post »28_ID
Posted on April 11, 2011 at 7:13pmWould these elected idiots go after any signs posted in the park by the SEIU, PP, NOW, ACT-UP, Rainbow-PUSH, the NAACP or any other leftist group? I doubt it.
Report Post »miles from nowhere
Posted on April 11, 2011 at 7:10pmVote the leadership out of this town
Report Post »LadyIzShy
Posted on April 11, 2011 at 7:08pmof couse the city concil believes thay can prohibit all speach they deem TOO political.. they play God.. look around this entire state.. it is the local governments that are dragging this state down so fast. They are so far in debt and they do not know how to ballance their budget
Report Post »Psychosis
Posted on April 11, 2011 at 7:00pmtroll alert
Report Post »geonj
Posted on April 11, 2011 at 6:58pmthose on the left would be calling for civil disobedience if this was tried on them. the tea party hires a lawyer. yet those on the right are accused of being ill-mannered and dangerous.
Report Post »TRONINTHEMORNING
Posted on April 11, 2011 at 6:55pmAdd a little tea to that Coldwater and watch the libs squirm.
Report Post »Jimbo96
Posted on April 11, 2011 at 6:48pmTime to elect a bunch of local politicians who are not politically correct, liberal, progressive, Marxist or dimocrat….
Report Post »KABAR2
Posted on April 11, 2011 at 6:43pmI wonder how the city council will look after these bums are voted out
Report Post »and Tea Party people hold those offices ……….
CatB
Posted on April 11, 2011 at 7:04pmCleaner.
Report Post »WILLIAM E.
Posted on April 11, 2011 at 6:40pmMichigan has done a nice job running jobs out of their state so this really does not surprise me.
Report Post »OlefromMN
Posted on April 11, 2011 at 6:40pmSo if I want to have a birthday party for my precious little daughter, I can’t hang a banner saying “Happy Birthday Swea Pea”? What if I were of the muslim faith and wanted to hold a gathering celebrating the end of Ramadan. No banners?
What a bunch of dolts that city council is. I hope each will be challenged in the next election by one of the Tea Partiers.
Report Post »chips1
Posted on April 11, 2011 at 6:38pmHey, City Counsel……. Here’s your sign!!!!!!
Report Post »publiuswarmac9999
Posted on April 11, 2011 at 6:35pmThis is the government taking over from the people. The city council should be replaced as soon as possible.
Report Post »usmc1063
Posted on April 11, 2011 at 6:34pmOkay one question? Where’s the ACLU? It seems that in the past the ACLU has defended both the KKK and the American Nazi Party and their First Amendment rights to assemble and protest. Anyone wanna place a bet that doesn’t happen this time?
Report Post »gdbhusker
Posted on April 11, 2011 at 6:54pmYou are right…. The ACLU will break their neck for anything that is popular with the liberal voters. Conservatives did NOT want people walking around chanting death to blacks or Jews, but the good ole ACLU said that they had to represent even the ones we all find deplorable, for the sake of ALL our free speech. Now…they will not represent anyone who stands against this liberal fascism…because the ACLU is heavily tied to Planned parenthood, acorn,etc……. I say lets get a great big rally to march on Washington and remove EVERYONE from office… Except for Rubio, Ron and Rand Paul, and maybe 2 others that love the constitution more than their own parties of nothingness!!!!!
Report Post »BetterDays
Posted on April 11, 2011 at 9:36pmWhat doesn’t ACLU stand for American Communist liberties Union? Then why do they act like it?
Report Post »BetsyRoss1
Posted on April 11, 2011 at 9:53pmThey won‘t say a thing because it’s the Tea Party!
Report Post »JohnnyJT South Philly
Posted on April 11, 2011 at 6:34pmCommunist
Report Post »Alvin691
Posted on April 11, 2011 at 6:33pmFOIA time.
Report Post »ilovethiscountry
Posted on April 11, 2011 at 6:32pmThe city Is against tea.
Report Post »CatB
Posted on April 11, 2011 at 6:38pmI think they are about to get TEA’d ON!
Report Post »Showtime
Posted on April 11, 2011 at 7:30pm@CatB ~
Report Post »There’s also nothing in the Constitution to protect against being “too controversial or too political.”
delhoghe
Posted on April 11, 2011 at 6:31pmBeing from a small town in Michigan with 1 public park I would have to say if the picture that accompanies this article were taken in my hometown park the entire population would be calling for a sign ban at the park. Most cities have “ eyesore ” ordinances, or at least the ones in Michigan do.
Report Post »Psychosis
Posted on April 11, 2011 at 6:38pmeye sore ordinances only pertain to PERMANENT STRUCTURES
but i would approve of an idiot ordinance as long as they use you as an example
Report Post »CatB
Posted on April 11, 2011 at 6:49pmTEA Party people leave the parks CLEANER than when we arrived! This is nothing but trying to silence free speech .. I will be going to Coldwater for the July TEA Party!
Report Post »delhoghe
Posted on April 11, 2011 at 7:21pmCOLDWATER will welcome you…… Branch County is a Republic county, have fun.
Report Post »delhoghe
Posted on April 11, 2011 at 7:23pmPSYCH….this will be my last reply to you..ever…take care.
Report Post »Deane
Posted on April 12, 2011 at 9:43am@Psychosis
Report Post »see what we have to deal with in Michigan….70% of the people in Michigan are as idiotic as delhoghe
neiman1
Posted on April 11, 2011 at 6:31pmLiberal Fascism is still Fascism. Free speech is the cry of the left until they don’t like what your saying.
Report Post »Showtime
Posted on April 11, 2011 at 6:51pmThey are going to look forward to the dollars spent there on July 1, though!
Report Post »CatB
Posted on April 11, 2011 at 7:02pmI won’t spend a DIME .. I will Donate to the TEA Party (they usually have donation bucket and or raffle etc) .. but I will get gas out of the area and take FOOD AND WATER AND TEA with us. Coldwater won’t make anything off of me.
Report Post »CatB
Posted on April 11, 2011 at 6:30pmLooks like this July I will be driving to Coldwater for their TEA Party … father but I will come … how do they feel about T-shirts with writing on them and flags? How about a Chihuhua in her TEA Party dress? …. Gonna arrest us all?
So some liberal complains and the local government folds like a cheap suit?
Would they do the same to the UNION THUGS >.. I think not!
Report Post »Showtime
Posted on April 11, 2011 at 6:39pmOh, CatB! When they see Callie in HER tee shirt, the liberals will run and hide!
Report Post »Showtime
Posted on April 11, 2011 at 6:42pmDon’t forget to take tea with you! (Snapple peach tea is awesome!)
Sorry, I meant to say DRESS earlier! Please apologize to Callie for me. Would hate for her to take a bite out of my leg!
Report Post »CatB
Posted on April 11, 2011 at 6:58pm@SHOW …
It’s okay last year she had a T-Shirt with USA on it .. this year I got her a little sailor dress in Red White and Blue … she loves to get “dressed up” … yea she will scare the heck out of them — all 4 1/2 lbs of her! We are attending a tax day TEA Party both Fri and Sat this week.. both dog friendly ..
I don’t know about Coldwater .. they don’t sound “friendly” at all! She went to the Ludington July 4th two years ago in Michigan they were friendly!
I take water and ice for Callie and unsweetended TEA for me …
Report Post »LadyIzShy
Posted on April 11, 2011 at 7:06pmstop and pick me up on the way..LOL
Report Post »CatB
Posted on April 11, 2011 at 7:18pm@LadyIzShy
Are on the way? … I will coming down 131 south to 94 east to 69 south.
Report Post »nothingbuthetruth
Posted on April 11, 2011 at 8:05pmGo the Lansing this Thursday 14th for a huge Tea party rally. They have Dick Moriss and herman Cain for speakers.
Report Post »Nobamazone
Posted on April 11, 2011 at 9:29pmHey cat,
Report Post »I have been to Ludington TONS of times, live very near there, and most around here are very friendly indeed. Thankfully we still have our beaches!
BlueStrat
Posted on April 12, 2011 at 1:15am@ CatB & Lady
Honk when you pass I-94 exit 76!
I’m about 2 blocks south. :P
I also have an open door, hot coffee, and hotter blues from my gee-tar for good people passing through like yourselves.
Safe travels, ladies, and may God Bless!
Report Post »barbaraw62
Posted on April 11, 2011 at 6:30pmThis city council is like the “speech police”…… so now no freedom of speech in public parks paid for by the citizens of the town? You better believe this is a Freedom of Speech issue… bet ya the ACLU won‘t step in cause they don’t like free speech!
Report Post »Stoic one
Posted on April 11, 2011 at 8:37pmthe ACLU will take up the city’s side!
Report Post »Stoic one
Posted on April 11, 2011 at 8:42pmThe ACLU will probably take up the city’s cause…. neither one is for free speech– ESPECIALLY political speech.
Report Post »Stoic one
Posted on April 11, 2011 at 8:43pmHmn… sorry..there.
Report Post »Showtime
Posted on April 11, 2011 at 6:29pmUmmm…public park? Public? Paid for with whose taxes? The citizens? And the city decides to encroach upon free speech?
Losing the case, City!.
Report Post »CatB
Posted on April 11, 2011 at 6:50pmWe will see .. I will be in Michigan in July .. think I found a TEA Party to attend!
Report Post »BlueStrat
Posted on April 11, 2011 at 7:16pmTo paraphrase Charlie Sheen on Coldwater’s effort to silence speech clearly protected by the First Amendment;
“Duh!…LOSING!!”
I wonder if the Coldwater City Council members that voted to restrict free speech have their brown-shirt dry-cleaning bills paid for them by the taxpayers?
Report Post »jackeric61
Posted on April 11, 2011 at 7:46pmThat‘ most of our gov’t problem. They think that it is theirs to do as they please not understanding that it belongs to the people. It is time to take bck our country from those elected by voting them out every two years until they understand that it is public service and we ARE THE PUBLIC.
Report Post »sleazyhippo
Posted on April 12, 2011 at 10:06amMaybe the local businesses should be allowed to put billboards there to communicate their first amendment opinions about their products or representatives. Maybe there should be graffiti contests to most tastefully decorate the trees and rocks and sidewalks.
Report Post »Silversmith
Posted on April 11, 2011 at 6:28pmToo political. As if to deny the people participation in the process of politics.
Give me a BREAK!!
Silversmith
Report Post »Cemoto78
Posted on April 11, 2011 at 6:32pmLooks to me like there will be a new city council come the next election.
Report Post »CatB
Posted on April 11, 2011 at 6:36pmNowhere in the United States Constitution or the Bill of Rights does it protect anyone from being offended or offended by speech.
Report Post »mamawalker
Posted on April 11, 2011 at 6:37pmYou betcha it was aimed at Tea Party!!! I bet any union or group supporting the left could come in and destroy the property with litter and they would welcome their signs and chanting! Whoever wins nomination in 2012 needs to have commercials showing all the trash and damage that the left always leaves in its path and compare it to Tea Party where you can’t find a piece of trash after an event!!! A picture is worth 1000 words!
Report Post »TERMLIMITSNOW
Posted on April 11, 2011 at 6:37pmALL City Councils are a JOKE!
Report Post »exdem
Posted on April 11, 2011 at 6:40pmThey are going to have to silence about 70% of the population. I wonder how many will have to die as an example to the rest of us. Civil war in America in our lifetime. . .
Report Post »TexasCommonSense
Posted on April 11, 2011 at 6:47pmCatB, you summed it up nicely. Great post.
Report Post »Showtime
Posted on April 11, 2011 at 6:48pmI’m going to look up the address for the City of Coldwater, Michigan and write a letter to the mayor and council. My message is what CatB said — “Nowhere in the United States Constitution or the Bill of Rights does it protect anyone from being offended or offended by speech.”
I suggest everyone here do the same. Not only that, send the mailing address to people in your emailing lists and ask them to do the same. When letters come from all over, perhaps it will make an impression.
Showtime
Posted on April 11, 2011 at 6:49pmThis is NOTHING short of trying to CONTROL the TEA Party! Well, guessy whatty?! TEA Partiers don’t back down!
nothingbuthetruth
Posted on April 11, 2011 at 7:05pmGreat people of Michigan, dont back down!!!!
Report Post »Darmok and Jalad at Tanagra
Posted on April 11, 2011 at 7:06pmThe only freedom you would have from being offended is to put yourself in a bubble and shut yourself in, wait, bubbles are dangerous, stay away from the bubbles. But if you are offended, stay in the bubble, apparently you will run out of air in a little while, then no one can offend you. Sorry if I offended anyone but I always believe a good defense is a good OFFENSE.
As South Park creators have said, If we haven’t offended you, sorry, we just haven’t got around to it yet, be patient.
If it neither picks my pocket nor breaks my leg……..Thomas Jefferson.
Remember, those who have thin skin, are cry babies.
Report Post »banjarmon
Posted on April 11, 2011 at 7:11pmFreedon of SPEACH….If they had burned a FLAG would that be “too political”
Report Post »nothingbuthetruth
Posted on April 11, 2011 at 7:15pmwe need to fight for everything, in every corner, no matter how small. from the school boards, to the city hall, state government. Keep at it. The liberals have had their way with our great country for far too long.;
Report Post »GIDEON612
Posted on April 11, 2011 at 7:51pmThis was another time that at first I wanted to hang my head is shame for being a Michigander, BUT.
Report Post »Look at he time line here.
This was in the making while we had an obama rear end kisser as Gov.
Now look at the 2010 elestions and see that finally the State of Michigan is having the scales removed from their eyes.
Snowleopard {gallery of cat folks}
Posted on April 11, 2011 at 8:18pm@Cemoto78:
Good, let there be a new counsel next elections. If they try to deny the right to show a sign to the tea party, and timing of the ordinance is fairly suspect (could be a coincidence, I will give that benefit of a doubt), so we shall see what the courts say now.
Report Post »Stoic one
Posted on April 11, 2011 at 8:34pmtry Googling City of Coldwater, Michigan
go on to the government spot then fill up the email box!
Report Post »Marylou7
Posted on April 11, 2011 at 9:27pmShowtime
Posted on April 11, 2011 at 6:48pm
I’m going to look up the address for the City of Coldwater, Michigan and write a letter to the mayor and council. My message is what CatB said — “Nowhere in the United States Constitution or the Bill of Rights does it protect anyone from being offended or offended by speech.”
____________________
Me too.
Report Post »touch
Posted on April 11, 2011 at 11:11pmWho the He!! would want to live in Michigan? Unemployment through the roof, Real Estate Blight everywhere and Muslims running rampant. You can have it man!
Report Post »Libertyluvnmomma
Posted on April 12, 2011 at 8:02amI don’t know about the rest of you readers, but I found those two elderly ladies particularly threatening.
Report Post »I thought they were going to shove their vitriolic rhetoric right down my throat.
I see why I need my Nanny State.
Deane
Posted on April 12, 2011 at 9:32amI live in Michigan and believe me its harder to elect republicans then pulling teeth without anesthesia.
Report Post »When Dist 15 re-elects the socialist representative, John Dingle who said that “it takes a long time to do the necessary administrative steps that have to be taken to put the legislation together to control the people” and a city (Detroit) racked with criminal democratic officials (non of which are republican) one can begin to understand why Michigan is at the bottom of the list in almost every catagory
sleazyhippo
Posted on April 12, 2011 at 10:03amOur public parks are not “open billboard” spaces provided for displaying mean spirited, offensive and caustic trash.
(Or their signage, either)
April 13 is National Spelling Day! Please use spell check tools if you are not a confident speller!
Report Post »sleazyhippo
Posted on April 12, 2011 at 10:26amExcellent link to photos on Facebook! (Especially enjoyed the “obamacare death panel” cartoon!
It is interesting that they have “rules” – shown on a prominent sign- for their town hall speakers and audiences.
The rules are: “Common Sense Rules: Be Respectful. Do Not Interrupt Speakers. Keep Comments Concise. No Personal Attacks. No Profanity. Facilitator Is In Charge. Disruptions Will Not Be Tolerated.”
Too bad Capt. Wayne Tunick, an accomplished Pentagon briefer, did not adhere to some of these obvious professional tenets when mixing it up with Virginia Representative Moran at last Thursday’s Emergency Town Hall.
Report Post »Sparky101
Posted on April 12, 2011 at 11:57amI always enjoy it when those smarter, better educated, better looking people try to instruct us lesserlings, and then commit the same sins. For instance, Sleezyhippo tells us less confident spellers that we should use spell check utilities, and that April 13th is a national spelling day.
In his very next post he writes: “(Especially enjoyed the “obamacare death panel” cartoon!”
Apparently Sleezyhippo should quit dispensing advice until he gets an edumacation too.
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