www.aclu.orgJOIN THE ACLUTAKE ACTIONABOUT US
ACLU Blog of Rights - Official Blog of the ACLU National Office American Civil Liberties Union Homepage Blog of Rights Homepage Support the ACLU
Mar 12th, 2010
Posted by Brandon Hensler, ACLU of Florida at 2:36pm

"ACLU Where Are You," He Asked. Here We Are!

Last month, we told you about Wayne Weatherbee, a Clermont, Fla., businessman whose free speech rights were being quashed by city officials. Weatherbee erected 12 signs on his business property in October 2009 in political protest against the city, which he claims selectively enforced its laws against him and his business, including falsely arresting him. Beginning Tuesday, February 2, the city began imposing a $75/day fine on Bee's Auto until the signs are removed or Weatherbee obtains a permit.

The ACLU of Florida filed a lawsuit on his behalf, and we stand tall and proud to report that ACLU attorneys secured a preliminary injunction in federal court yesterday, when a federal judge ruled from the bench that the city of Clermont is violating Mr. Weatherbee's free speech rights.

"This is a clear victory for Mr. Weatherbee, and for free speech in Florida," said Maria Kayanan, ACLU of Florida Associate Legal Director, after leaving today's hearing. "When government tries to ride roughshod over free speech and protected political protest, the ACLU will answer the call to action to defend the rights guaranteed by the First Amendment."

Yesterday's ruling found that the signs were clearly speech protected by the First Amendment, and the city had not been able to show any legitimate reason why it could prohibit them. So, Mr. Weatherbee will be allowed to continue displaying the signs on his property, and the city is prohibited from imposing fines against Bee's Auto under the code. Meanwhile, the lawsuit will move forward as the ACLU attempts to permanently strike down the unconstitutional code.

"As the judge said, the relief she granted is extraordinary, under extraordinary circumstances, and in a unique case. This is proof that the little guy can still get a measure of justice in our great society," said Derek Brett, ACLU cooperating attorney.

It's a sweet day for free speech in Central Florida. Someone pass the orange juice, we've still got more work to do...

We intend the comments portion of this blog to be a forum where you can freely express your views on blog postings and on comments made by other people. Given that, please understand that you are responsible for the material you post on the comments portion of this blog. The only postings that we ask that you refrain from posting and that we cannot permit on our website are requests for legal assistance and postings that could cause ACLU to incur legal liability.

One important law in that regard is the prohibition on politically partisan activity. Given our nonprofit status, we may not endorse or oppose candidates for elective office. That means we cannot host comments on our site that show a preference for one candidate or party. Although we in no way wish to discourage you from that activity elsewhere, we ask that you not engage in that activity on our website (or include links to other websites that do so). Additionally, given that we are subject to very specific rules concerning the collection of personally identifying information through our website (names, email addresses, home address, financial information, etc.), we ask that you not use the comments portion of this blog to solicit this information from users of our website. We also ask that you not use the comments portion for advertising or requests for legal assistance, and do not add to your comment links to other websites, as we cannot be responsible for the content on other websites.

We are not able to respond to unsolicited inquiries, complaints or requests for assistance sent to this blog. Please direct your complaint or request for assistance to the ACLU affiliate in your state. Requests for legal assistance left in the blog comments will not receive a response or be published.

Finally, the ACLU cannot guarantee the accuracy, completeness or usefulness of any information in the comment section and expressly disclaims any liability for any information in this section.

2 Responses to ""ACLU Where Are You," He Asked. Here We Are!"

  1. Anonymous Says:

    you make this country a nation of victims...Shame ON YOU!

  2. roald Says:

    Good for you ACLU. Please continue to help individuals in battle against the State when they try to rob us of our Constitutional rights.

Comment

The content of this field is kept private and will not be shown publicly.
  • Allowed HTML tags: <a> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd>
  • Lines and paragraphs break automatically.

More information about formatting options

CAPTCHA
This question is for testing whether you are a human visitor and to prevent automated spam submissions.
Image CAPTCHA
Enter the characters shown in the image.
 

© ACLU, 125 Broad Street, 18th Floor New York, NY 10004
This is the Web site of the American Civil Liberties Union and the ACLU Foundation.
Learn more about the distinction between these two components of the ACLU.

User Agreement | Privacy Statement | FAQs | Site Map

Statistics image