A judge last week ruled that protestors who espouse antigay and anti-women views are permitted to demonstrate near a busy Center City property.
Common Pleas Judge Ellen Ceisler ruled July 19 that it would be a free-speech violation to band the Israelite School of Universal Practical Knowledge, which bills itself as a religious organization, from demonstrating outside Liberty Place at 16th and Chestnut streets.
Liberty Place Retail Associates, L.P., filed a civil suit in May seeking to bar ISUPK from demonstrating on its property. A temporary injunction was granted, which has now been lifted. Demonstrators are still prevented from using the private sidewalk space that Liberty Place rents, but Ceisler said they cannot be prohibited from using the public space for their rallies.
According to the lawsuit, during their demonstrations, ISUPK members have made such comments 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.”
Liberty Place’s attorney, Jason P. Gosselin of Drinker Biddle & Reath, said he was disappointed in the ruling. Even if ISUPK does not demonstrate on the private property, he said they do draw in crowds who trespass on the property.
“I am disappointed because this is a trespass case and the First Amendment is not a defense to trespass. What we have here are demonstrations that are different than walking a picket line. A picket line is conformed into a certain space. [ISUPK members] set up a stage, have amplified sound and attract a crowd. That crowd stands on private property and Liberty Place does not wish to provide audience space for a demonstration of this kind.”
ISUPK demonstrated on the corner three successive Fridays in May, prompting the lawsuit. The property where crowds gather is often rented out to various organizations by Liberty Place for fundraisers and other uses.
According to the lawsuit, about 15,000 individuals use the entrance where the demonstrations take place.
Gosselin said his clients believe ISUPK has had a detrimental impact on Liberty Place business.
“We believe they definitely cause a slowdown in foot traffic but we have no hard numbers. There are not enough demonstrations yet to determine the impact and during the trial, we did not offer data to show the amount of lost sales,” he said.
General Mayakaala Ka of ISUPK said in a statement to PGN that he was pleased with the ruling.
“We, at the Israelite School of Universal Practical Knowledge, believe that the judge’s decision was wise and just and would like to thank her for her fairness in our case,” he said. “We would also like to thank our attorneys who guided us in this matter.”
Gosselin said further action will depend on the judge’s written decision.
“We are currently waiting to get a ruling from the judge. When we get that, the client will decide what further steps they will take.”