ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Friday, May 31, 1996 TAG: 9605310049
SECTION: VIRGINIA PAGE: B-1 EDITION: METRO
SOURCE: JAN VERTEFEUILLE STAFF WRITER
A congressional candidate scored one for his Libertarian Party on Thursday, when a federal judge upheld his "fundamental right" to hand out literature at Roanoke's Festival in the Park.
Jay P. Rutledge III won an injunction against festival organizers and got the assurance of City Attorney Wilburn Dibling that Roanoke police - even those working off-duty at the events - will not stop him from campaigning.
Rutledge, 52, said a city police officer and a member of the festival's board of directors ordered him to stop passing out campaign literature last weekend on a public sidewalk outside the festival events. Rutledge is trying to gather 2,000 signatures to get his name on the ballot for the 6th District congressional seat held by Republican Bob Goodlatte of Roanoke.
Rutledge's problems exercising his First Amendment rights brought an admonition from U.S. District Judge James Turk. He said the city did nothing wrong, but that the festival cannot consider Elmwood Park its exclusive domain just because the group has a permit to use it during the annual event.
"This concerns me deeply," Turk said at an emergency hearing Thursday. "There is nothing more fundamental in this country than free speech. ... I cannot believe this is happening in Roanoke."
The defendants ignored repeated suggestions by Turk that they reconsider the leafleting ban before he ruled against them, issuing an injunction forbidding the festival from stopping Rutledge's campaigning.
"You're gonna lose, you're gonna lose," he told the festival's attorney, urging him to take five minutes and consult with Rutledge to work out a compromise.
But festival organizers said letting people hand out literature during the activities would ruin the experience for festival-goers. Years ago, they banned all handouts by sponsors, businesses and anyone else.
The festival's attorney, Mark Loftis, argued that the nonprofit organization is a private entity - and the First Amendment doesn't extend to the actions of private groups. But Turk pointed out that the group uses public facilities such as Elmwood Park and Victory Stadium for its events.
"I don't agree that [using] the park for two weeks transforms our policies into [governmental] action," Loftis argued. "Nobody has put any restrictions on [Rutledge's] right to come in and walk around."
Wendi Schultz, executive director of the festival board, testified that the policy against handing out literature was designed to keep visitors from "being overwhelmed."
"Folks wouldn't want to come anymore, because they'd be inundated with stuff," she said. "We understand that we have the right to make rules and regulations."
Rutledge, an independent software developer who represented himself at the hearing, said afterward that "you're at liberty to refuse something you don't want to take."
He said he has gathered more than 1,000 signatures on his petition to get his name on the ballot for the November election. The festival wraps up this weekend, and the Southeast Roanoke resident said he may be able to complete his petition by then.
He said his lawsuit against the city, the festival organizers and the police officer highlights his libertarian beliefs that "one individual's rights end, and just government power begins, where another person's rights begin."
The festival can appeal Turk's injunction to the 4th U.S. Circuit Court of Appeals in Richmond.
LENGTH: Medium: 67 lines