On The Front Lines
Institute Defends Man Arrested For Peacefully Distributing Pro-Life Literature
Institute Attorneys File Civil Rights Suit in Defense of Man's First Amendment Right to Distribute Literature with a Pro-Life MessagePITTSBURGH--Attorneys for The Rutherford Institute have filed a civil rights lawsuit in U.S. District Court for the Western District of Pennsylvania in defense of the First and Fourteenth Amendment rights of William S. Depner, a resident of McKeesport, Penn., who was arrested for distributing pro-life literature on a public sidewalk. In their complaint, Institute attorneys assert that by not allowing Depner to peacefully distribute the literature and by singling him out because of the literature's pro-life message, the arresting officer and the City of McKeesport violated Depner's rights to free speech and equal protection under the law. In addition, Institute attorneys charge the City of McKeesport and its police department with failing to adequately train their employees about the clearly established constitutional rights of citizens to distribute literature peacefully.
"The policies and practices of the City of McKeesport and its police department are clearly at odds with the U.S. Constitution," stated John W. Whitehead, president of The Rutherford Institute. "Unless city officials agree to completely restructure their policies and practices regarding the distribution of literature in public, residents of the McKeesport community will continue to find their free speech rights endangered."
On May 15, 2003, while waiting for a bus at the corner of Soles and Versailles Avenues, a residential section of McKeesport, Penn., William Depner began distributing pro-life literature to adults and teens who passed by, as was his custom. He took particular care to ensure that he did not cause any disturbance and was not blocking the sidewalk. In fact, Depner stood at the very edge of the sidewalk whenever someone approached. Only two adults approached Depner that day. The first refused the literature. The second, however, identified himself as a McKeesport City police officer. After informing Depner that he was not allowed to distribute literature, the officer proceeded to arrest Depner. After spending the afternoon in jail, Depner was issued two citations prior to his release--one for disturbing the peace and another for blocking a public sidewalk. Depner was later found to be innocent of both offenses. The complaint points out that on earlier occasions McKeesport police officers had stopped Depner from distributing pro-life literature, insisting he restrict himself to the downtown business district. Institute attorneys are challenging the City of McKeesport's practice of prohibiting the distribution of literature on public sidewalks, particularly literature opposed to abortion or which the city believes might be controversial, and of harassing, arresting and prosecuting those who do exercise their rights to peacefully distribute such literature.
The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.
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