Nice to win once in a while.
On Wed, Dec 24, 2008 at 6:40 AM, Ohio mark <[email protected]>wrote:
>
> 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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