Sidney Elyea admits he did it. He posted those anti-Islam posters on utility poles near a Somali-owned business and the Islamic Center.
The city attorney says the Waite Park man violated the city’s ordinance against posting items on city poles and should pay a fine. Elyea says he’s being punished because people didn’t like what he put on his posters. He was just exercising his First Amendment rights.
An administrative hearing this afternoon at the Lake George Municipal Building will be used to determine who is right.
It’s an unusual case that stirred emotions when the graphic posters showed up around town in December. The St. Paul-based Council on American-Islamic Relations conducted a public forum to discuss their impact. The Stearns and Benton County attorneys declined to prosecute. In January, the city issued two citations to Elyea, saying he violated city ordinances prohibiting the posting of materials on city fixtures.
Next Page1| 2Previous PageSidney Elyea admits he did it. He posted those anti-Islam posters on utility poles near a Somali-owned business and the Islamic Center.
The city attorney says the Waite Park man violated the city’s ordinance against posting items on city poles and should pay a fine. Elyea says he’s being punished because people didn’t like what he put on his posters. He was just exercising his First Amendment rights.
An administrative hearing this afternoon at the Lake George Municipal Building will be used to determine who is right.
It’s an unusual case that stirred emotions when the graphic posters showed up around town in December. The St. Paul-based Council on American-Islamic Relations conducted a public forum to discuss their impact. The Stearns and Benton County attorneys declined to prosecute. In January, the city issued two citations to Elyea, saying he violated city ordinances prohibiting the posting of materials on city fixtures.
The fine for each civil citation is $250, and efforts to settle have been rejected by Elyea, whose lawyer says there is a constitutional principle at stake here — that people have First Amendment rights even when most disagree with the message.
“Our basic argument is, we live in a country where you should be able to say what you want. Even controversial statements about political or religious views are protected by the First Amendment,” said Ryan Garry, a Minneapolis-based criminal defense lawyer who is defending Elyea in the case.
Elyea’s lawyer acknowledges his client posted up to 10 drawings in St. Cloud and Waite Park. He is cited for just two.
The drawings contained explicit depictions of bestiality and sodomy, contained images of the Prophet Muhammad in derogatory positions and contained pictures and words offensive to Muslims in particular.
Garry argues that if Elyea had put up a sign about a garage sale or a lost kitten, his client would not have been cited.
St. Cloud City Attorney Matt Staehling said that is not case.
“I’m sure that is what they will argue; I think we have evidence to controvert that,” Staehling said.
Staehling said the city occasionally hands out citations for violations of the city ordinance against hanging things on utility poles. This is the first time it has gone to an administrative hearing, he said.
The fine for each civil citation is $250, and efforts to settle have been rejected by Elyea, whose lawyer says there is a constitutional principle at stake here — that people have First Amendment rights even when most disagree with the message.
“Our basic argument is, we live in a country where you should be able to say what you want. Even controversial statements about political or religious views are protected by the First Amendment,” said Ryan Garry, a Minneapolis-based criminal defense lawyer who is defending Elyea in the case.
Elyea’s lawyer acknowledges his client posted up to 10 drawings in St. Cloud and Waite Park. He is cited for just two.
The drawings contained explicit depictions of bestiality and sodomy, contained images of the Prophet Muhammad in derogatory positions and contained pictures and words offensive to Muslims in particular.
Garry argues that if Elyea had put up a sign about a garage sale or a lost kitten, his client would not have been cited.
St. Cloud City Attorney Matt Staehling said that is not case.
“I’m sure that is what they will argue; I think we have evidence to controvert that,” Staehling said.
Staehling said the city occasionally hands out citations for violations of the city ordinance against hanging things on utility poles. This is the first time it has gone to an administrative hearing, he said.
The city sometimes uses the hearings to settle violations of housing codes.
St. Cloud lawyer Russell Cherne will serve as the hearing officer in the case. He will hear the evidence and arguments and will make a decision.
The standard of evidence is lower than in a criminal trial. Anything relevant can be presented. It could take a week to 10 days for a ruling, Staehling said.
Cherne can order Elyea to pay the full fines, reduce them or rule in his favor and send him home. The decision can be appealed to the Minnesota Court of Appeals.
He has received some support from anti-Muslim bloggers, but has not gotten any backing from the American Civil Liberties Union of Minnesota or any other group that often stands up for unpopular speech.
Minnesota ACLU Executive Director Chuck Samuelson said he finds the case interesting, but his organization has not been asked to take part.
Samuelson said Elyea could win the case if his lawyer can show the utility pole ordinance is not being enforced evenly.
“Our position is that, what Elyea did was protected by the First Amendment. I believe he has been treated differently than others have been treated in this situation,” Garry said.
Samuelson said the government showed great restraint in not pressing charges for what was printed on the posters.
“The interesting thing, and I commend the county attorney for this, is not going after the topic directly. The government should not be involved in content, as reprehensible as it is,” Samuelson said.
Source: Sctimes
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