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Consent Decrees In Two Christian Free Speech Cases

By Howard M. Friedman

The Alliance Defense Fund this week announced settlements in two pending cases. In Swagler v. Harford County, Maryland, (D MD, Oct. 10, 2008), the court issued a consent order in lieu of a preliminary injunction. In it the county agrees not to enforce Harford County Code § 219 in a manner that prohibits the display of hand-held signs in a traditional public forum without a permit. In its release on the case, ADF said that the case stems from the arrest, and later dropping of charges, against 18 participants in Defend Life's "Face the Truth Pro-life Tour." Apparently the decree applies while the case is being further litigated on the merits.

ADF has also announced a consent decree in a second case, Foht v. Village of Kewaskum, (ED WI, Oct. 14, 2008). Plaintiff, who was placing Christian literature on the door handles of residences was threatened with fines under a village ordinance banning various kinds of literature distribution. Subsequently the Village repealed the ordinance. In the consent order, the court found that the prior ordinance was facially unconstitutional, but dismissed the lawsuit without prejudice. The Village agreed to pay nominal damages and plaintiff''s attorneys fees.

Full post as published by Religion Clause on October 16, 2008 (boomark / email).