The Gospel message is lettered on both sides of a tractor trailer located on the private property of one Dan Burritt. Mr. Burritt's property is adjacent to NY state hwy 11.In a letter dated May 16, 2008, a NYDOT official demanded that Burritt either remove the trailer by June 15 or face forcible removal of the vehicle and legal action.
The letter stated that Burritt was in violation of state highway laws and required that he either correct the violations noted or face having his trailer classified as a “public nuisance” subject to removal.
At issue is whether Mr. Burritt has the proper permit to display his message.
I've got no problem with citizens having to obey the law, especially in terms of 'public nuisance', but, like bubba said, "It depends what the definition of 'is' is...", and I'm sure it has a lot to do with the 'spirit' of the ordinance.
For instance, under the same ordinance which prohibits Mr. Burritt, private citizen, from displaying such a message near the highway, a commercial business is allowed to advertise near the highway - no permit required!.
The Alliance Defense Fund (ADF) has taken up a defense on behalf of Mr. Burritt.
ADF attorneys filed suit against NYDOT after it recently issued a warning to Burritt under rules requiring permits for non-commercial messages but not for similar commercial ones.
“Christians shouldn’t be penalized for expressing their beliefs,” said ADF Legal Counsel Matt Bowman. “The right to display a personal message on private property, including a religious message, is protected under the First Amendment. In this case, NYDOT’s rules unconstitutionally require permits for such messages while not requiring permits for commercial messages,” explained ADF Legal Counsel Matt Bowman.
On Wednesday, June 11th, NYDOT agreed to allow the 'offending' trailer to stay at its current location until a judge issues a ruling in the case.
That hearing is scheduled for Sept. 26, 2008.
Gee. I wonder where the 'guard against the slippery slope & defend every vile utterance' ACLU is at??
