Free Speech Victory in Dearborn, Michigan!

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Dearborn hosts an annual Arab Festival on Warren Avenue. During the festival, the street is reserved, but the adjacent sidewalks are not reserved and therefore remain public property. Hence, prior to 2009, many people would distribute pamphlets, DVDs, CDs, etc., on the public sidewalks. However, when Ronald Haddad took over as Chief of Police, he announced that no one would be allowed to distribute materials on the public sidewalks. Indeed, he insisted that no one would be allowed to distribute materials within five blocks of the festival. (He justified his decision by claiming that he needed to keep the area clear for pedestrian traffic.)

From a Constitutional perspective, this was quite disturbing, as the government was officially limiting free speech on public sidewalks. Moreover, those of us who attended the festival noticed that security only enforced the policy on Christians. Muslims remained free to distribute their materials.

Pastor George Saieg, an Arab Christian from the Sudan (who has observed the effects of Islamic law in his home country and therefore understands the importance of free speech better than many of us) decided to take the case to court. The freedom fighters at the Thomas More Law Center (praise God for them) took the case free of charge, and they won.

Lower courts had ruled in favor of Dearborn (i.e. that Dearborn police could stop people from exercising their freedom of speech on the public sidewalks adjacent to the festival). The appeals court [United States Court of Appeals] reversed the decision on Constitutional grounds. {snip}

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Hence, at the festival next month, police will no longer be permitted to interfere with Constitutionally protected free speech activities. Additionally, the city may now be held liable for damages to anyone whose rights were violated by police at the festivals. That has profound implications for our own case against the city, which is based, in part, on the following incident:

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I wonder how long the city is going to put up with officials like Chief Haddad, Mayor John O’Reilly, Judge Mark Somers, Prosecuting Attorney William DeBiasi, and others, who apparently have no respect whatsoever for the Constitution, and are responsible for numerous lawsuits against Dearborn. Are the citizens of Dearborn going to continue letting their leaders destroy their city’s reputation? Or will they eventually elect leaders who will champion the Constitution and fix the damage that’s been done? Only time will tell.

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