[FONT=Times New Roman, Times, serif]CLEVELAND — The American Civil Liberties Union of Ohio is supporting a preacher in his lawsuit against an Akron suburb that stopped him from protesting abortion during a parade.[/FONT] [FONT=Times New Roman, Times, serif]The ACLU usually argues on the other side of the anti-abortion movement, fighting bans on a late-term abortion procedure and restrictive parental consent laws.[/FONT]
[FONT=Times New Roman, Times, serif]"But when it comes to free speech, we take all comers," Raymond Vasvari, legal director in the ACLU's Cleveland office, told The Plain Dealer.[/FONT]
[FONT=Times New Roman, Times, serif]The 6th U.S. Circuit Court of Appeals in Cincinnati accepted a brief from the ACLU last week. A three-judge panel will hear the case in August.[/FONT]
[FONT=Times New Roman, Times, serif]The ACLU's action caught the preacher, Mark Tatton of Cuyahoga Falls, by surprise.[/FONT]
[FONT=Times New Roman, Times, serif]"I'm shocked, totally shocked," he told the newspaper.[/FONT]
[FONT=Times New Roman, Times, serif]His case began with a protest at the Cuyahoga Falls Memorial Day parade in 1999.[/FONT]
[FONT=Times New Roman, Times, serif]Tatton, who is aligned with the anti-abortion group Operation Rescue, walked the parade route with a placard that displayed an enlarged full-color photo of an aborted fetus.[/FONT]
[FONT=Times New Roman, Times, serif]Officer Gregory Kenepp confiscated the sign and cited Tatton for disorderly conduct after some onlookers became angry. The charges were later dropped, and the sign was returned.[/FONT]
[FONT=Times New Roman, Times, serif]Kenepp said he was worried that Tatton would be beaten up. He filed a written statement in the federal appeals court calling the fetus poster "very graphic, offensive, disturbing and disgusting."[/FONT]
[FONT=Times New Roman, Times, serif]Tatton is seeking about $600,000 in damages, saying his right to protest was taken away.[/FONT]
[FONT=Times New Roman, Times, serif]Last year, U.S. District Judge James S. Gwin of Cleveland dismissed Tatton's suit without a trial. He said Kenepp did the right thing because the sign was offensive and Tatton had provoked intense hostility from crowds watching the parade.[/FONT]
[FONT=Times New Roman, Times, serif]The anti-abortion sign amounted to "fighting words" and wasn't protected, Gwin said.[/FONT]
[FONT=Times New Roman, Times, serif]The ACLU argues that the officer's action was much like what happened to civil rights marchers in the South in the 1960s.[/FONT]
[FONT=Times New Roman, Times, serif]"This decision is truly dangerous because it allows the censorship of the mob enforced at the hands of the police," the ACLU said in its brief.[/FONT]
[FONT=Times New Roman, Times, serif]Cuyahoga Falls officials did not return calls for comment.[/FONT]
[FONT=Times New Roman, Times, serif]Tatton, 44, acknowledges he's a die-hard protester who likes to do more than talk. He says his goal is to stir up people with provocative signs tied to Christian religious beliefs.[/FONT]
[FONT=Times New Roman, Times, serif]He said that at a Barberton Labor Day parade in 1999, he was attacked by an onlooker brandishing a fire extinguisher.[/FONT]
[FONT=Times New Roman, Times, serif]This year, Tatton said, he'll start carrying a sign against Harry Potter books because he thinks they promote witchcraft.[/FONT]
[FONT=Times New Roman, Times, serif]"We may disagree with the sort of society Mr. Tatton would construct, but we support his right to say what he wants," Vasvari said. (emph. added)[/FONT]