Press release from the American Defense Fund:
LANSDOWNE, Pa. — Faced with a federal lawsuit after their decision to muzzle and forcibly remove a man for reading Scripture at a public meeting, Pennsylvania borough officials have admitted their mistake and agreed to settle the case.
The council entered into a consent decree stating Michael Marcavage was “denied a full and fair opportunity to address the Borough Council.” It further noted that everyone who attends the meetings has a constitutionally protected right to address the Borough Council.
“Christians shouldn’t be treated differently than any other Americans,” said ADF Senior Legal Counsel Joe Infranco. “Unfortunately, the Borough’s council violated this fundamental Constitutional protection by stopping Mr. Marcavage from speaking. We’re pleased that they’ve admitted their mistake and apologized to Mr. Marcavage.”
On July 21, 2004, Marcavage was told he could not read from the Bible during a Lansdowne Borough Council meeting’s open comment period. Following the council’s decision to impose a time limit and subsequently adjourn, Marcavage was forcefully removed and charged with disrupting a public meeting and disorderly conduct.
The charges were later dismissed by the Delaware County District Attorney’s office after they were determined to be without merit.
“The consent decree ensures Mr. Marcavage’s right to free speech is no longer hindered by the actions of a few,” said ADF-allied attorney Ted Hoppe, who represented Marcavage. “It guarantees all citizens have the right to address the Lansdowne Borough Council on any issue of concern without fear of retribution or arrest.”
The full text of the consent order issued in Marcavage v. Borough of Lansdowne can be viewed at http://www.telladf.org/UserDocs/Marcavage%20consent%20order.pdf.
ADF is a legal alliance defending the right to hear and speak the Truth through strategy, training, funding, and litigation.