Marilyn Teitelbaum, Schuchat, Cook & Werner; Dan Viets; Denise Lieberman
The ACLU-EM represents Bill Wickersham and Eleanor Doyle in their effort to protect free speech rights at the annual Salute to Veterans Air Show held on the grounds of the Columbia, MO, Regional Airport each Memorial Day Weekend. The ACLU-EM filed suit in federal court against the City of Columbia and the Salute to Veterans Corporation challenging their policy barring free speech activities on the Columbia Airport tarmac during the Air Show. The Air Show, which is free and open to the public, is one of the biggest draws of the year in Mid-Missouri, bringing in anywhere from 20,000-100,000 attendees.
During the 2004 Air Show, Columbia Resident and University of Missouri adjunct professor Bill Wickersham was arrested after he attempted to collect signatures at the Air Show on a petition urging the Columbia City Council to adopt a clean energy resolution. Maureen Doyle was forcibly ejected from the 2004 Air Show when she peacefully distributed fliers on "Thoughts on Peace and War." Bill's wife, Eleanor Wickersham was previously ejected from the Air Show when she attempted to circulate a petition for campaign finance reform.
On May 19, 2005, the court issued an order barring the City and the Air Show organizers from preventing leafleting at the Air Show, but allowing them to restrict petitioning and solicitation activities. In July, the ACLU of Missouri filed a motion to make the injunction permanent and to expand its coverage to include petitioning. Oral arguments were held on September 30th at the University of Missouri - Columbia Law School following a request from the school and the judge in light of the local interest in the case.
On March 31, 2006, the court made its injunction permanent. Salute to Veterans has appealed to the Eighth Circuit.
ACLU Victory Against Columbia Speech Restrictions Affirmed
March 22, 2007 - The Eighth Circuit Court of Appeals today affirmed a lower court’s permanent injunction prohibiting the City of Columbia and the nonprofit corporation known as Memorial Day Weekend Salute to Veterans from restricting expressive activities at Columbia’s annual air show.
“Government restriction of free speech is always dangerous. We are gratified that the court agreed that the city cannot declare its air show a no-free-speech zone,” said Brenda Jones, executive director of the ACLU of Eastern Missouri.
The Eighth Circuit agreed with the ACLU that Salute to Veterans acted as an agent of the government when it prohibited certain types of speech at the air show. “Since Salute and the city were knowingly and pervasively entangled in the enforcement of the challenged speech restrictions, we conclude that Salute was a state actor when it interfered with appellees’ expressive activities,” wrote Judge Diana E. Murphy on behalf of a unanimous court. Judges Morris S. Arnold and Duane Benton joined Judge Murphy’s decision.
The case sets an important precedent according to the ACLU. “The court recognized that this was a case in which the government was prohibiting speech. The government cannot be relieved of its obligations under the First Amendment simply by purporting to turn authority over to a nonprofit organization,” said Tony Rothert, legal director for the ACLU of Eastern Missouri.
Bill Wickersham and Maureen Doyle were represented by ACLU cooperating attorneys Marilyn S. Teitelbaum and Stacey A. Aschemann, both of the firm Schuchat, Cook & Werner in St. Louis.
UPDATE 08/21/07
Salute to Veterans has filed a petition for writ of certiorari that asks the Supreme Court of the United States to consider the case. We will file a brief opposing certiorari.
UPDATE 09/06/07
New document: Opposition to Petition for Writ.