Pro-Life Group Engages in Air Battle Over California--Federal Lawsuit Filed

www.thomasmore.org . ^ | 10/2/2002 | Thomas More Law Center

[ReaganandDubyaForever]

BREAKING NEWS

Pro-Life Group Engages in Air Battle Over California--Federal Lawsuit Filed

The affluent City of Huntington Beach, California, has aimed its legislative guns on aircraft towing large graphic images of aborted babies over its beaches by enacting an ordinance effective October 16, 2002, that bans all aerial displays above or within the boundaries of the city. According to one council member, the pro-life group sponsoring the aerial display has gone “one step too far.”

In response, the Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, has filed a federal civil rights lawsuit in the central district of California on behalf of the pro-life group, Center for Bio-Ethical Reform (CBR) and its executive director, Gregg Cunningham, asking the court to declare the ordinance unconstitutional and enjoin its enforcement.

“The battle to keep pro-life speech protected by the First Amendment has now taken to the airways,” said Robert Muise, Associate Counsel with The Thomas More Law Center, “Many people do not like these aerial banners because they effectively show that abortion is a violent act. This ban was motivated by a bias against and a desire to censor CBR’s pro-life message. We are committed to keeping all public forums open for pro-life speech, including those that are 500 feet above ground.”

According to the lawsuit, the new ordinance is unconstitutional because it totally bans a certain form of speech, and completely forecloses an effective medium of communication. CBR estimates that by displaying one banner for approximately five hours, they are able to communicate their pro-life message to hundreds of thousands of people. The lawsuit also challenges the ordinance on equal protection grounds, and it claims that the ordinance violates the commerce clause and the supremacy clause of the U.S. Constitution.

[BruceS]

Why don't they just quit complaining about the left wanting what's best for us and go burn a flag on the beach?

[syriacus]

It does strike me as a ban on political speech.

[dd5339]

Well let's see, it's ok to have free speech if one supports murdering babies, but if you oppose it then it's not ok to have free speech.

Hmmm, a comment from Orwell's "Animal Farm" comes to mind. Some animals are more equal than others".

Apologies to Orwell if I butchered his great book.

Semper Fi

[Brush_Your_Teeth]

If the city banned only pro-life messages I agree. The fact that they are banning all messages by airplanes is not a first admendment issue. If a city does not want planes flying over its beaches with ADs on them they can do so. I am pro-life however the city is in the right on this instance. It would be the same if the city wanted to ban all billboards within city limits. It is their right and something they should be allowed to do.

[Vic3O3]

You may be correct on the 1st Amend. issue technically, but I bet you WILL see planes towing banners over the highschool/college football games in town! Then it WILL be a 1st Amend. issue, since the ban will not be applied equally.

[gridlock]

ordinance (...) that bans all aerial displays above or within the boundaries of the city

Seems obvious, but how for out do the boundaries of the city go? If they go out to Mean High Tide, these aircraft are operating outside the city limits, because, generally speaking, they fly over the water, don't they?

This should be a pretty easy thing for CBR to determine. I would suspect that the city does not have the authority to regulate what happens offshore.

[Psycho_Bunny]

The affluent City of Huntington Beach, California, has aimed its legislative guns on aircraft towing large graphic images of aborted babies over its beaches by enacting an ordinance effective October 16, 2002

I have absolutely no problem at all with such a ban.  Good for them.

Pro-life activists, like the anti-smoking activists, sometimes go over the lines of decency with some of their photo-ads.

It's hard to describe exactly when the line is crossed but it's like porn: you know it when you see it.

There are limits - even when your cause is as just and proper as a pro-life campain.

[stilts]

I live on the coast in Southern California and have to deal with the flying advertisements. They are generally quite annoying, not just from the standpoint of the visual, but the planes that drag them make a huge racket and are flying very low. Conversation stops when they fly over as you can't hear anything else.

As for the pro-life ads, I saw them a few times over the summer. They are very, very disturbing. My child was upset as they were extremely large graphic photos. They are not the kind of thing my 4-year old needs to be exposed to. I felt that in their zeal to push their pro-life family value they were trashing several other family values. It was inappropriate to say the least.

[syriacus]

If the city banned only pro-life messages I agree. The fact that they are banning all messages by airplanes is not a first admendment issue.

What if cities banned printing newspapers?

[Blood of Tyrants]

Actually, I believe that your memory is correct and the quote is correct.

[syriacus]

It's hard to describe exactly when the line is crossed but it's like porn: you know it when you see it.

I don't think everyone agrees on what constitutes porn.

[ReaganandDubyaForever]

But it would be ALL worth it if it grips a some pregnant woman's heart and she saves the life of her baby!!

[EdReform]

Bump

[thinktwice]

From what I recall about real estate law, and the airspace over Huntington Beach, California is real estate; anyone that's been using that airspace openly, notoriously, and without permission for five or more years, has a prescriptive easement to continue using that airspace.

Any lawyers out there to confirm this?

[Saundra Duffy]

Go, fly birds!!! For victory & freedom!!!

[Fudd]

Seems obvious, but how for out do the boundaries of the city go?

A better question is how *high* do the boundaries go? It's been a while since I've cracked the FAR's, but I think that regulation of flight activities is a federal activity, not a municipal activity. While the FAA will work with locals for traffic planning (ie, publishing preferred traffic patterns, noise abatement), I don't know that it can ban this specific type of flying activity over a particular city.

[stilts]

I appreciate your sentiment but feel that they should find ways to get the point across without exposing young children to this type of imagery. Pro-life is a compassionate cause and using insensitive, uncompassionate means to get this message across only detracts from the ability to gain support, IMHO.

[goodieD]

pro life activists go over the line of decency? I see.. so pro-baby killing advocates NEVER go over the lines of decency, murdering babies in the womb and all... oh I'm sorry.. I forgot..if it's legal, it's ok.

[goodieD]

Trying to be polite and not making people understand what abortion really means is what got us into this mess in the first place.. people don't wanna think about it, therefore they will accept it. All kids hear in public school and on the airwaves is how it's a "choice"...a "woman's right".. maybe if they knew it was really killing babies in a gruesome way, they wouldn't grow up thinking it was a choice and not murder.