Litigation Update
Church/State | Free Expression
| Gay and Lesbian Rights | Student/Juvenile
Rights
G-8 | Women/Choice
In spite of clear legal precedent, local officials continue to test the Bill of Rights by posting Ten Commandment displays in pubic places. With a stated purpose of sending a message about the "importance of the Ten Commandments of Almighty God," Habersham County officials posted displays in a public swimming pool and the County Courthouse. Representing citizens who objected, the ACLU filed suit after repeated attempts to convince county officials to act responsibly. Despite the County’s attempt to muddy the waters by adding “historical” documents to the display, the Court ordered that the display be removed. Even after this very public victory for civil liberties in Georgia, Barrow County Commissioners have decided to continue their battle to maintain a religious display in their County Courthouse. The ACLU is representing a plaintiff who has asked to remain anonymous for fear of retaliation. Despite the County’s attempts to force disclosure, the district court has agreed that this person may remain anonymous. In another victory for civil liberties, Judge Cooper has ruled that Cobb Countian Jeff Selman’s challenge to a textbook disclaimer calling evolution just a "theory" may go to trial.
Sixteen music companies filed suit against 296 anonymous and unrelated individuals, claiming they had displayed copyrighted musical performances to the general public. Despite our amicus, arguing that the 16 plaintiffs have not made a sufficient showing to warrant discovery into the identities of persons communicating anonymously over the Internet, both Judges in the case granted the record companies' requests for expedited discovery.
An Augusta ordinance mandates that any group of five or more people who are demonstrating in favor or against an issue or person must first get a County-issued permit. When the National Council of Women’s Organizations and the Rainbow/PUSH Coalition attempted to orchestrate a demonstration outside the Augusta National Golf Course during the Masters their attempts to get permits were denied, unless the protests were miles away from the club and out of the sight of attendees.
The ACLU disputed the constitutionality of this ordinance. Our challenge was denied, so we appealed, and the Eleventh Circuit Court ruled that "regulating as few as five peaceful protesters is not the least restrictive means of accomplishing the County’s legitimate traffic flow and peacekeeping concerns." Augusta-Richmond filed a request for rehearing en banc.
Over three years ago, the ACLU filed suit challenging the City of Avondale Estates' sign ordinance, banning political signs and other yard signs. The city repeatedly revised the ordinance but new ordinances continue to have constitutional problems. The most recent was the fifth such revision. We are awaiting the courts decision. On the eve of the School of Americas demonstrations, the City of Columbus announced a plan to both conduct searches of all demonstrators and their belongings and to bar persons from engaging in free speech activities because they have in their possession certain legal items. We asserted these last-minute restrictions were unnecessary, impossible, would delay and deter legal protests and are clearly unconstitutional. The City backed off slightly, but set up magnetometer search points. The ACLU argued that mass magnetometer searches are not permitted for non-violent protests. The judge agreed that the protestors were non-violent, but found that since the protesters practiced civil disobedience, minimally intrusive searches are permitted. We appealed and are awaiting a decision.
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Barbara Harkins and family |
When the Atlanta Humane Society sued Barbara Harkins and other former employees for statements they made to a television reporter regarding a lack of animal cruelty investigations and misleading claims about services, the ACLU worked to have the suits dismissed under the Georgia anti-SLAPP law. The trial court denied our motion, but the Court of Appeals reversed the lower court, finding that "clearly...Harkins has a substantive right to exercise her constitutional right of free speech regarding a matter of public concern."
An incident involving both Georgia's Green Party and Libertarian Party of Georgia arose on July 4, 2002, when volunteers for both parties were driven out of Ridge Ferry Park in Rome, Georgia for seeking to peacefully collect signatures from 20,000 people present for a fireworks display. Police acted in accordance with a Rome code which states: "[I]t shall be unlawful for any person to engage in any activity within a recreation facility that could cause injury to other persons or interfere with the use and enjoyment of the recreation facility by other persons." The ACLU, representing both progressive parties, filed suit on May 27, 2004. We are seeking compensatory damages and an order preventing the City from enforcing the ordinance.
The Human Relations Commission of Atlanta has decided that the Druid Hills Golf Club is violating a city ordinance by refusing spousal privileges to two gay members' domestic partners. The commission has the power only to advise the mayor, who has 30 days to make a decision. If she decides against the club and it does not change its practice, it could lose its business and liquor licenses. We filed an amicus supporting the ordinance, but encouraging settlement. The Mayor asked both sides to negotiate, and they agreed to mediation.
A local high school student was suspended after posting to a website created by another student off school grounds. The website was a forum for students to complain about a particular teacher. This student made hyperbolic references to the teacher's death and other offensive comments, and was suspended for one year. Off-campus student-created websites are afforded free speech protection from disciplinary action unless there is evidence of substantial disruption or serious and imminent danger. We are negotiating a potential settlement, but in the meantime, the school district has revised and improved their policies (while not reversing its decision as to our clients).
In anticipation of protests related to the G-8 Summit, Chatham County, Glynn County, the City of Savannah, and the City of Brunswick adopted permit ordinances that restrict a host of free expression activities. The ACLU filed lawsuits that challenged the ordinances. The lawsuit against Glynn County and the City of Brunswick resulted in changes to the ordinances and helped secure protest and march permits for protesters. The lawsuit against the City of Savannah and Chatham County is still pending, but before the G-8, Savannah granted protesters the permits they sought.
The ACLU has challenged Georgia's policy of denying Medicaid coverage for medically necessary abortions. Georgia permits funding for abortions only in cases of rape, incest, and to protect the life of the mother. However, there are many instances where abortion is medically necessary, but does not fall within one of these three categories (sickle cell anemia, epilepsy, schizophrenia, etc). The exclusion of funds for medically necessary abortions violates the protection found in the Georgia Constitution. We are asking Georgia to join thirteen other states that have found that this policy violates their states' constitutions.