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Local News

Wednesday, May 27, 2009

Findlay, insurance paying $72K for group's legal fees
By J. STEVEN DILLON

STAFF WRITER

Findlay has agreed to pay the legal fees of an anti-abortion group which won a federal lawsuit after being barred from demonstrating in the city two years ago.

While terms of the final settlement were not disclosed, City Law Director Dave Hackenberg said Tuesday the city, through its insurance carrier, has paid $72,000 in attorney costs to the pro-life advocacy group known as Missionaries to the Preborn.

That bill was paid by the insurance carrier, with the city only responsible for a $10,000 deductible, according to Hackenberg.

Attorney fees were "the only remaining issue," he said. "We had felt we had a good chance if we had gone to appeal, but it was decided it was time to move on."

The suit was filed in August 2007 in U.S. Northern District Court, Toledo, several days after volunteer members of the Missionaries to the Preborn, which is based in Milwaukee, Wis., displayed signs with pro-life messages and large photographs of aborted fetuses near the intersection of Tiffin Avenue and Bright Road.

Police responded to the area after receiving numerous complaints from motorists and business owners.

Following a discussion with officers, including Chief Bill Spraw, the group was ordered to disband since it had not obtained a permit under the city's "all events policy."

The policy requires groups to apply for a permit through the mayor's office a minimum of 30 days in advance of an event to be held in the city.

"Event" is not clearly defined, and approval can only be granted by the mayor or safety director.

City officials later maintained they were opposed to the demonstrators because they were creating safety problems at the busy intersection, not because of the content of their message.

In siding with the demonstrators, Judge Jack Zouhary found the city's permit requirement for events to be unconstitutional, and awarded Pastor Matthew Trewhella, Michael Marcavage and other volunteers from the group the $1 they had sought in damages from Spraw and then Mayor Tony Iriti.

Requiring a permit, the judge said in his Dec. 31 ruling, amounted to prior restraint because it conditions speech on the prior approval of public officials.

"This permit scheme grants the city virtually unchecked discretion to deny permits for content-based reasons," he wrote. "There are no objective standards by which the city is bound when considering whether to issue a permit. Defendants' arguments to the contrary are not only baseless, but, even worse, border on bad faith."

After the city decided not to appeal the ruling, the only pending issue was how much the city would have to pay in legal fees, which reportedly exceeded $100,000.

The two sides agreed to the $72,000 figure earlier this spring.

Matt Bowman, an attorney for the Alliance Defense Fund, which represented the group, said a confidentiality clause prevented him from commenting on specifics of the legal fees agreement.

But he said the group is satisfied with the judge's ruling.

"We are pleased that this case vindicated the idea that the government has no right to harass and threaten citizens for exercising their First Amendment rights in public," Bowman said.

Hackenberg noted Tuesday the same group came back to Findlay in August 2007 and was allowed to demonstrate without obtaining a permit. He said he fully expects the group to return to Findlay, and said they are welcome if they demonstrate "peacefully and legally."

"It's not that we are trying to prohibit anyone from demonstrating," he said. "We just want to know they're coming."

Meanwhile, Hackenberg said the city's all events policy, while still on the books, is currently in the process of "being reviewed."

Dillon: 419-427-8423,

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10 Comments

Latest comments listed first.
DM Hoyt wrote:
Pro-Lifers did not sue for the money
“ Missionaries to the Preborn have been through the legal system in other cities as well as Findlay; they have never sought financial gain. Their only purpose in bringing a law suit is to address unconstitutional restrictions. Findlay could have paid the legal fees at the time of the ruling for tens of thousands less but decided to appeal the amount the court awarded for legal fees. That's what drove the amount up to (and over?) 100K. My sympathy to the tax payers of Findlay for the mismanagement of the whole ordeal and the financial burden they will have to bear as a result of their elected officials. ”
Monday, June 01, 2009 9:11:30 PM
A Parent wrote:
Rev. (sic) Spitz
“ Rev. (sic) Donald Spitzs opinion on the beliefs or behavior of others should carry no weight whatsoever. He uses his own website to try to make heroes out of murdering terrorists like Paul Hill, Eric Rudolph, John Salvi, and James Kopp. Therefore, the recent designation by the Virginia State Police of Spitz's Army of God as a domestic terrorist group is totally appropriate. He is so delusional that he thinks that he was ordained by the International Gospel Crusade, a denomination that only exists in his imagination, which makes Mr. Spitz even more of a concern.

 ”
Friday, May 29, 2009 1:33:14 PM
Bill K. wrote:
help the unborn
“ The Pro-Lifers should have gotten much more then $1.00. ”
Friday, May 29, 2009 11:23:14 AM
Edward Perkins wrote:
Our 1st Amendment rights
“ Thank God for judges like Judge Zouhary that will enforce our rights under the 1st Amendment. His ruling concerning the rights of Missionaries To The Preborn to express themselves concerning the unborn child's rights' by displaying anti-abortion signs should be viewed as up holding ALL of our rights to freedom of speech. I have been appalled how many times thos with police powers show no or little concern for OUR basic rights when they disagree with those demonstrating for something they don't like. When Judge Zouhary stated, "Defendants' arguments (Chief Spraw and Hackenberg) to the contrary are not only baseless, but, even worse, border on bad faith" I couldn't agree more. I have seen the police in Milwaukee actually allow and condone the beating of pro-life people in front and in back of my business in Milwaukee. For Hackenberg to later say it ONLY cost Findlay $10,000 tells me where his heart and head are. Anybody who knows insurance knows next year the liability insurance cost is going up because of the things condoned by Spraw and Hackenberg. Findlay is lucky this was a Christian group who didn't seek revenge because most people would not have settled for $1 for damages.
Thank you,
Edward Perkins
President, PIP Printing Milwaukee ”
Thursday, May 28, 2009 6:13:03 PM
Muldrow (M.K.) Flood wrote:
Permits by city
“ In cases like the story above in which the law violates the Constitutional rights of a person. The City should be sued for millions to teach them a lesson. ”
Thursday, May 28, 2009 5:01:00 PM
Rev Donald Spitz wrote:
Findlay, insurance paying $72K for group's legal fees
“ They should get the whole $100,000. Pro-lifers are people too and deserve their free speech like those who murder unborn babies by abortion ”
Thursday, May 28, 2009 1:26:33 PM
charles chimpton wrote:
Donna
“ How can you blame the Chief of Police as the sole cause for this lawsuit? I highly doubt that he responded out to the scene of the protesters on his own. The police would not intervene until a complaint was filed by a citizen or they saw some type of law being broken. I happened to drive down Tiffin Ave. that day and saw the morbid signs. I didn't complain, although I'm sure many people did. It was a disgusting display and I was thankful I didn't have my grandchildren with me. The city responded to those complaints and did what they felt was right at the time. Those decisions don't have a lot of time to be made, while we all can sit around and be the Monday morning quarterback. Being a cop is a thankless job that I wouldn't want.

P.S. Congratulations Chief Spraw and enjoy your retirement. ”
Wednesday, May 27, 2009 2:02:13 PM
Jon wrote:
Findlay, insurance paying $72K for group's legal fees
“ One question; Does Hackenburg get paid for the job (I use that term loosely) he does? ”
Wednesday, May 27, 2009 10:38:00 AM
Bill Whitacre wrote:
Smooth move...
“ Smooth move, Hackenberg... In a budget crisis, $72K is not exactly small potatoes. ”
Wednesday, May 27, 2009 8:30:01 AM
Donna wrote:
police chief owes for the attorney fees
“ All citizens should demand that Chief Billy Spraw pay the attorney fees since he was the sole cause of the lawsuit. City council could easily withhold the money from his retirement cashout that will probably be in the 10's of thousands of dollars. But once again, he will skate away from another mistake he has made while chief of police. Thanks Billy. ”
Wednesday, May 27, 2009 6:48:40 AM
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