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Court Rules Christian Group Must Be
Given Opportunity To Condemn Appointment Of Gay Man To School Board
by AP from 365gay.com on the Web,
August 26, 2005
Asbury Park, NJ Aug.25 --
Asbury Park residents should be able to criticize members of their school board
during public comment portions of board meetings, according to a federal judge's
ruling that gives some relief to a Christian advocacy group but leaves largely
intact the board's other restrictions on speech.
Both sides on Wednesday claimed victory in the case, which stemmed from efforts
by some residents in the fall to comment on the appointment of board president
Robert DiSanto, who had managed a gay nightclub.
U.S. District Judge Mary L. Cooper barred the board from stifling public comment
it considers "personally directed" by granting a preliminary injunction to two
residents who sued with the assistance of the Alliance Defense Fund, a Christian
legal advocacy group based in Scottsdale, Ariz.
Cooper, who sits in Trenton, found that aspect of the policy "on its face and as
applied by the board, contains content-based restrictions on speech."
"The record shows that the board consistently relied on this provision to
prevent plaintiffs from criticizing DiSanto but conversely did not prevent other
speakers from supporting him," Cooper wrote in a 34-page opinion filed Tuesday.
Regarding "personally directed," the judge said, "We find that these words have
the effect of an impermissible viewpoint-based restraint and are
unconstitutional."
Cooper left intact the remainder of the policy, which also allows the board to
halt comment when the statement is "too lengthy" or "abusive, obscene, or
irrelevant."
"This is a good day for the First Amendment and citizens everywhere that wish to
hold officials accountable," said Dennis M. Caufield, a lawyer for the
residents.
Board lawyer Stephen J. Edelstein said the ruling allows the board to keep
control of its meetings.
"The court said that the provisions that give the presiding officer a great deal
of discretion are constitutional, do serve a public purpose and are narrowly
tailored," Edelstein said.
The residents sued the board in June, charging that DiSanto had abused his
authority in silencing comments questioning whether he was an appropriate role
model for children. DiSanto was general manager of Club Paradise in Asbury
Park when he was elected to the board in April 2003. He left the club in
September 2004 after 41/2 years there.
DiSanto has said he is an openly gay man who resigned from the club for reasons
unrelated to the board. He was appointed board president by the Monmouth
County superintendent of schools.
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