Judge bans antigay demonstrators from private property

A popular retail complex in Center City filed a lawsuit last week against a group of demonstrators that it says uses antigay language on its property. Liberty Place Retail Associates, L.P., which owns The Shops at Liberty Place at 16th and Chestnut streets, filed suit in the Court of Common Pleas May 21 against the Israelite School of Universal Practical Knowledge. The suit said the demonstrators have conducted rallies and protests on the property that are “highly offensive to many of the patrons and retail tenants of The Shops” without obtaining legal permits. On May 23, Common Pleas Judge Ellen Ceisler ruled that the group could not demonstrate at the sidewalk in front of One Liberty Place as it is private property. The judge did say the group could utilize nearby public sidewalks, as long as it applied for a permit for demonstrations involving audio equipment. About six-10 group members have rallied at the location on Friday afternoons since November, the suit says. The suit describes that the ISUPK demonstrators often spoke out against the LGBT community, women and whites. The lawsuit excerpted statements from videos of demonstrations on the group’s website such as: “The white man is the devil and there is no getting along with him,” “a woman need to shut her damn mouth” and “a faggot doing what he’s doing to another faggot is not marriage according to the Bible.” The plaintiff’s attorney, Jason P. Gosselin of Drinker Biddle & Reath, said the space the demonstrators utilized is often rented to other groups. “They would set up a platform with surround sound and give speeches to passersby,” he said. “The place they were setting up is private property. It is space that The Shops would rent out to different organizations. They typically charge a fee, require users to have insurance and sign an agreement with the shops.” In a statement to PGN, ISUPK said the injunction was “not necessary.” “It has always been the opinion of the ISUPK to abide by the laws of the land,” the group said. “We moved to that area of the street because we were told to do so by a police officer, later to find out that it is considered private property. It should be noted that we are not barred from demonstrating on that corner: We are barred from the private area considered owned by the property.” The demonstrators were at the corner May 3, 10 and 17, and Gosselin said the property owners had anticipated their presence to continue with the warmer weather. During last week’s hearing, ISUPK leaders argued that they received permission from the Civil Affairs Division of the Philadelphia Police to use the corner, but Ceisler said they must obtain a formal permit from the managing director’s office. Gosselin said The Shops have received a number of customer complaints against the group, although it was not possible to determine how much revenue was lost because of their presence. “Yes, probably they have lost some revenue, but quantifying at this point is not easy. The goal of filing the complaint was to get and reclaim their property,” he said. According to the lawsuit, about 15,000 individuals use the entrance at 16th and Chestnut streets on a daily basis. In its statement to PGN, ISUPK said their anti-LGBT messages should be heard. “Just as proponents of gay rights believe they have a right to be heard, the same should always apply to those that are not in favor of a gay lifestyle,” the statement said. “However, there are some in our community that believe that black men should die quietly. One block from this corner, a group of about 100 youths rioted and destroyed property. The members of the ISUPK have spoken on the streets of Philadelphia for 20 years without a single arrest. This society is in desperate need for the men of the ISUPK, even if they don’t know it.” Gosselin said there might be future action if the demonstrators do not abide by Ceisler’s ruling. “We are going to take it one month at a time. As long as they go through the property’s permit process and they demonstrate on a sidewalk and not bothering anybody and exercising free-speech rights, it will be fine,” he said. “But if they are out there on a platform having a rally, with a bullhorn and shouting things deemed offensive, that is another thing. Hopefully this is the end of it. But the case is still there and has not been dismissed yet.”

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