Fed Ct Upholds Dismissal of Philadelphia Anti-gay Suit

July 16, 2008

PHILADELPHIA, PA—A three-judge panel of the Third Circuit Court of Appeal affirmed the dismissal of the lawsuit against Philly Pride, Fran Price and Chuck Volz brought by members of Repent America. The Third Court's favorable opinion was issued in Startzell, et al. v. City of Philadelphia, et al., Case No. 07-0461. The Third Circuit affirmed that Repent America members interfered with Philly Pride's 2004 Outfest event, and that their claims against Philly Pride, Fran Price and Chuck Volz were without merit, having been dismissed pretrial by the District Court.

According to the Court's opinion, the plaintiff Repent America members actually insulted individual attendees [of Outfest 2004], blocked access to [Outfest] vendors, and disobeyed direct orders from the police, who were trying to preserve order and keep the peace.

Repent America members were arrested during the 2004 OutFest celebration in Philadelphia after disobeying police orders to move as they proclaimed their hate-filled, anti-gay message. Although the charges were subsequently dropped, the group filed suit in federal court, claiming their First Amendment rights had been violated by the police, the city, and PhillyPride. After the trial court dismissed the group's claims, Repent America appealed to the Third Circuit.

However, the Third Circuit rejected the groups claims, stating that the police had "ample justification" to force the group to move when they "interfered" with OutFest activities. Although the Third Circuit held that Repent America had a First Amendment right to communicate its message, those rights "are not superior" to the Constitutional rights of the permit holder, Philly Pride, to convey its own pro-gay message.

The right of free speech does not encompass the right to cause disruption, and that is particularly true when those claiming protection of the First Amendment cause actual disruption of an even covered by a permit, wrote Judge Dolores K. Sloviter. When Repent America members went from distributing literature and wearing signs to disruption of the permitted activities, the existence of a permit tilts the balance in favor of the permit-holders, she wrote.

Executive Director Fran Price said that Instead of letting us have our celebration in peace, Repent America members not only interfered with our LGBT event, they proceeded to sue both Philly Pride and the police. The Court was very precise that their claim for being arrested for praying on the streets of Philadelphia were without merit.

Senior Advisor Chuck Volz said that the use of bullhorns and the unChristianlike manner of Repent America members at verbally assaulting a transgender telling her that her five o'clock shadow was showing and that her mirror had lied to her was very important to the Third Circuit.

Repent America is the modern day version of the biblical wolves in sheep clothing, said Volz. They were gay bashers pretending to be Christians. The court saw right through them.

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