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Local News

Wednesday, March 05, 2008

City pays legal bills over protest suit

By JOHN GRABER

STAFF WRITER

The bills resulting from the city's disagreement with a pro-life group last summer are coming due.

Findlay City Council voted 9-0 Tuesday night to pay $6,791.96 in legal fees toward the city's fight with the Milwaukee-based Missionaries to the Preborn.

The group was displaying graphic images of aborted fetuses at the intersection of Tiffin Avenue and Bright Road on July 31, when police told the demonstrators they had to leave because they did not have a permit. City officials later said they were opposed to the demonstrators because they were creating safety problems with their photographs and by running out into traffic, not because of the content of their message.

The group then filed a restraining order against the city in U.S. Northern District Court in Toledo, claiming their rights to free speech and due process and equal protection under the law were violated. The group claimed they were told they needed a permit to demonstrate and said they were then given the runaround when they asked how to obtain a permit.

City officials then relented and allowed the group to return to the intersection on Aug. 10.

However, the group is still seeking about $15,000 in legal fees. City officials are fighting that, which means, even if they are successful, there will be more legal fees coming from their attorney.

“There's further litigation scheduled later this month so (the $6,791.96) will not represent the entire amount,” Safety Director Jim Barker said Tuesday afternoon.

The incident occurred during former mayor Tony Iriti's administration, not current mayor Pete Sehnert's.

Missionaries to the Preborn have traveled to more than 450 locations around the country spreading its pro-life message. Members were touring Ohio and had conducted similar demonstrations in Defiance, Toledo, Lima, Springfield, Kettering, Dayton and Cincinnati before coming to Findlay.

While the group's Web site does tout the fact that demonstrators who face criminal charges intend to “respectfully plead their cause before the courts,” group leader Pastor Matt Trewhella said they do not purposefully seek out lawsuits.

Separately, council voted 9-0 to join the Northwest Ohio Flood Partnership. The partnership was created by seven major corporations to speed up flood reduction efforts, after Findlay and Ottawa flooded several times in the last 14 months.

“I don't think we can do this ourselves ... This is just such an enormous problem that everyone needs to band together,” said 2nd Ward Councilman Randy Van Dyne, who, along with 6th Ward Councilman Bill Schedel, represents council on the partnership.

The city is not committing any money by joining the partnership, Van Dyne said.

He also noted the partnership is tentatively planning to have a public meeting to discuss what steps are being taken to ease flooding.

In other flood-related business, council accepted the deed to the property at 714 E. Sandusky St. in order to convert it into green space. The owner of the property donated it to the city because he no longer feels he can keep up with flooding on the site, which is located next to Lye Creek.

Contact staff writer John Graber at: (419) 427-8417

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