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City amends park ordinance due to suit
By Stephanie Flemmons, Staff Writer
The Plano City Council called a special session on Friday to amend sections of a city ordinance which resulted in a federal lawsuit being filed.
Section 15-4 of the park ordinance mandated all persons wanting to distribute literature in a public park had to obtain a permit. The council voted to amend the section and only require commercial and businesses to obtain a permit.
City attorney Diane Wetherbee said this does not apply to non-commercial.
Wetherbee said the city wanted to do the right thing and consider amending the ordinance, in an attempt to adhere to the request of the plantiff’s attorney, Hiram Sasser.
“The lawsuit has been filed, but the city has not been served,” Wetherbee said. “There is always the potential to be served.”
Sasser said at this point he wants to give the city an opportunity to do the right thing.
“You can’t ban people from distributing literature,” Sasser said. “That is a violation of the law. I think they (the city of Plano) understand that and are trying to fix it.”
He said as long as there is a change in the policy, the city makes sure this doesn’t happen again and everyone is trained properly then the lawsuit will be withdrawn.
According to the lawsuit, the events leading up to the problem began on April 2, when Carl Kalbfleisch, Matthew Selay and Cody Walker began to distribute religious literature and share their religious beliefs to park goers.
One person threatened to call the police if the men did not leave the park. Since the men believed there was nothing wrong with what they were doing, the party called the Plano Police Department, Sasser said.
After being questioned, the officer told the men they could stay as long as they stopped distributing religious literature.
According to the suit, the officers threatened to arrest the men if they continued passing out literature and expressing their religious beliefs. The men then left the park.
Following the incident at the Arbor Hills Nature Preserve, Kalbfleisch telephoned Plano’s Park and Recreation Department to inquire about the need for a permit to distribute religious literature within the parks.
On April 3, Jess Davis, Park Compliance Coordinator stated to Kalbfleisch that the city does not allow any kind of literature distribution in the city’s parks. Davis said to Kalbfleisch that literature distribution was once allowed, but businesses took advantage of the policy and distributed advertisements which would end up as litter in the park.
Kalbfleisch asked Davis about the sign posted in the Arbor Hills Nature Preserve stating that literature distribution was allowed with a permit. The issue was referred to Don Wendell, director of Parks and Recreation.
Kalbfleisch then asked Davis whether the men could express their religious views and talk with park goers.
Davis said they could as long as they didn’t distribute literature and only if park goers did not complain.
On April, 4 Wendell reiterated to Kalbfleisch that literature distribution was no longer permitted in any of the city’s parks because of littering. He stated that people come to the city’s parks for a “respite” from life and they do not want to be bothered.
Wendell said the policies are in place because the city feels like distribution of material at the park is not appropriate for any group.
According to the lawsuit, the city banning distribution of literature in public parks and prohibiting the party to speak to park goers were the moving forces behind the official action.
Sasser said this is a denial of rights guaranteed by the United States and Texas Constitution.
The following are comments from the readers.
In no way do they represent the view of Starlocalnews.com
In no way do they represent the view of Starlocalnews.com
Learn from Plano ISD wrote on Sep 15, 2007 11:33 AM:
" "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech"
You know, most liberals across the country think this part of the country is "Bush Country", a red state, controlled by right-wing conservatives. It's amazing how much of the anti-religious attitude is displayed here.
From "winter" parties during Christmas with no green and red to laws created so people don't have to be offended by the mention of Jesus. Cover your ears! Ahhhhh. They said Jesus!
Is this San Francisco or Plano, TX? "
Concerned Soon To be Pissed off Taxpayer in Plano!!! wrote on Oct 2, 2007 1:08 AM:
" Their is a time and place for everything. Moreover, It seems like the only thing to do in this city to escape is to go enjoy a nice stroll through the park. In other words, yes faith is important..to practice what you preach is better, but the methods used these days to get the message across is destructive to not only the people that want to "get away" from this financial epicenter, but to the environment as well. I can't wait to take my walk while being hounded by the religious radicals of Plano!!(Being Sarcastic) Keep it real, KEEP IT IN CHURCH, TEMPLE, SIX FLAGS OVER Jesus etc... "
Deb wrote on Oct 2, 2007 9:28 AM:
" I believe in God, I go to church....because I WANT to...I don't want anyone while I am out enjoying myself trying to relax at a public park trying to hand me ANY literature. "
Raz wrote on Oct 2, 2007 12:23 PM:
" I wonder what would have happened if it was three muslims passing out papers? Or maybe three gay men? "
Lis wrote on Oct 2, 2007 4:20 PM:
" I don't think it has to do with religion or freedom of speech, it has to do with common courtesy of others - or lack thereof! Same for the door-to-door harassment that still continues. And will they be picking up all the pamphets thrown down because no one wants them (same for when they're left on cars)? I doubt it.
p.s. Raz, how do you know they weren't (inconsiderate) muslims or (inconsiderate) gays? "
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