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  SNAP Alleges Right to Free Speech Has Been Violated

WTOL
August 15, 2007

http://www.wtol.com/Global/story.asp?s=6936985

Toledo — Is the Toledo Police Department trampling on the First Amendment?

Members of SNAP (Survivors Network of Those Abused by Priests) says their right to free speech was violated during an incident outside Fifth Third Field last week while they were conducting a public awareness campaign before the start of a Mud Hens game.

A member of the group says four of its members were handing out information outside the ballpark when a police officer ordered them off a sidewalk, reports News 11's Rob Wiercinski. While a public loitering law forbids obstructing the free passage of pedestrians, the ACLU believes this was a clear violation of free speech.

The controversy begins with some street signs next to the ballpark, honoring the late Monsignor Jerome Schmit. Members of SNAP believe the signs are offensive.

"A public tribute to a man that from our perspective obstructed a murder investigation into Sister Pahl's murder. We think the signs should come down," local SNAP leader Claudia Vercellotti said.

Sr. Pahl was murdered on Easter Eve in 1980. During last year's murder trial, two detectives acknowledged that Msgr. Schmit had interrupted the interrogation of Fr. Gerald Robinson who has since been convicted of the nun's murder.

About the incident involving the police who ordered them to move, Vercellotti said, "We just didn't understand. He couldn't tell us what law, he just kept saying we were breaking the law and that's no matter who you are, that's intimidating."

The incident has prompted the ACLU to send a letter to the City of Toledo. Northwest Ohio Chapter President Steve Miller says keeping all sidewalks open to the public is crucial to fostering free speech, and the ability to distribute information on public property is a cornerstone of the First Amendment.

Police Chief Mike Navarre tells News 11 he's asking the city law director for an opinion regarding officers enforcing a public loitering statute, which forbids obstructing the free passage of pedstrians.

Meanwhile, SNAP plans to be back outside the ballpark on friday.

"We plan to have a presence at as many home games as possible. We think this is a big community issue. It's about public policy, human decency and closure," Vercellotti said.

 
 

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