A New York man has won a battle with the New York Department of
Transportation over a trailer he parked on his private property along
a public highway that was targeted because of its Christian message.

Daniel Burritt installed a tractor-trailer for his company, Acts II
Construction, Inc., on private business property along U.S. Route 11
in 2007.

In May he got a letter from the New York State Department of
Transportation stating that his trailer violated a state law and
constituted a "public nuisance." The NYDOT said a permit had to be
obtained or the trailer would be forcibly removed and legal action
would follow, even though the agency does not require permits for
commercial messages being displayed.

Burritt's legal counsel objected to the NYDOT's requirement for a
permit, saying it penalized him because of his faith.

"Christians shouldn't be singled out and penalized for sharing their
beliefs," Alliance Defense Fund Legal Counsel Matt Bowman said. "We
are pleased the court recognizes that displaying a religious message
on private property has always been protected under the First
Amendment."

Bowman said the state violated the Constitution by treating religion
in a less favorable manner than business because it did not take into
account that a central aspect of the Burritt's construction business
is evangelism.

ADF attorneys filed suit on behalf of Burritt in June and reached an
agreement with the NYDOT to allow the trailer to stay until a decision
could be reached. A state district court decision now has ordered the
state to allow the sign to remain.
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