UPDATED::Atheists Ask Judge Not to Dismiss Lawsuit Involving Banned (and Completely Inoffensive) Bus Ad

UPDATE:: Please tell me exactly what year and century are we in!!  I give Justin a huge round of applause for sticking to his guns on this debacle.  As Hemant Mehta notes, "It’s disappointing atheists have to jump through this many hoops to get the same sort of treatment religious people get automatically, but I’m glad the fight will continue."

COLTS’ motion to dismiss lawsuit is denied

Yesterday, United States District Judge Malachy E. Mannion denied COLTS’ motion to dismiss the lawsuit. Consider viewing the relevant documents below.

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County of Lackawanna Transit System officials gave conflicting reasons why they rejected an ad from an atheist group, raising the specter that their actions were a cover-up for discriminatory practices, an attorney for the group says in court papers.

The Northeastern Freethought Society also has evidence that COLTS displayed “God Bless America” on its electronic bus signs at some point and that it only altered its policy regarding religious ads after the group sought to advertise, said attorney Monica Clarke Platt of the American Civil Liberties Union.

The arguments are among several Platt raises in response to a motion COLTS filed in June that seeks to dismiss a federal lawsuit the group filed against the agency. The lawsuit, filed in April, alleges COLTS violated the Freethought Society’s First Amendment right to free speech when it rejected several ads that included the word “atheist.”

In the motion to dismiss, William McPartland, attorney for COLTS, argued space on the agency’s buses and other property is a limited public forum, which gives it the right to restrict ads as long as its policy is “viewpoint neutral.”

Platt contends COLTS has not met the legal standard to qualify as a limited public forum. Even if it did, the society has evidence that COLTS accepted ads from several churches, which clearly shows its policy is not viewpoint neutral, she said. Hemant Mehta also writes about newest development and recaps the history:

Atheists Ask Judge Not to Dismiss Lawsuit Involving Banned (and Completely Inoffensive) Bus Ad

Overpasses for America anti-immigration rally experience - justinvacula.com | justinvacula.com

So I have been pondering how exactly to present Justin's we adventure into the crazy land of the white supremacy movement slash anti-immigration protests. I am not familiar with the characters in his narrative of events but as a fellow Pennsylvanian I find it interesting (for lack of a better word) that the "mind-set" and activities Justin brought to light exist in my adopted home state. Which I know sound utterly absurd considering I do follow the movement on a national level, and I post about their antics. Guess I need to pay more attention to shit going on in my own back-yard.

Although Justin and I live in the same state, we are a good five hours form each other. I live in the middle of butt-fuck nowhere away from the hub-bub of city influences whilst Justin is in the midst of it. Our local and regional governance though similar have differences. I go from borough/county then to state level. But after reading Justin's report and its aftermath, it got me to thinking about my local politicians and what they really support. Although I am acquainted with my local reps, I now wonder do I really "know" what they stand for? And how would I react if I discovered that one of my local politicians held views or supported a cause I found reprehensible?

I give Justin much credit for undertaking what he did. Even in the aftermath of his initial posting he has stressed his desire for dialogue. Whether one agrees or disagrees, civil dialogue is what is important.

Overpasses for America anti-immigration rally experience - justinvacula.com | justinvacula.com

Approaching the rally held on a Lackawanna County overpass, I saw signs and banners reading ‘Impeach Obama,’ ‘Obama lies,’ ‘No amnesty,’ ‘Secure our borders,’ ‘Save America,’ and ‘Save the USA.’ Following distribution of my business card when I was greeted by a rally attendee (which was accompanied by mutterings of ‘he’s that atheist’ or something to that effect and what seemed to be a ridicule of church/state separation which later was followed with ‘the constitution says nothing about separation of church and state), I spoke with several individuals.

Below, I shall outline the common assertions and arguments I heard and offer my responses,,,

Republican Chairwoman Mary Ann Benitez dishonest about affiliation with skinhead

Today, following sharing of my blog post on the event’s Facebook page (which was later mysteriously removed), I received a private message from Mary Ann Benitez who asked me to remove my picture of her from my blog post because she feared for her safety and the safety of her children. She explained that she also contacted Steve Smith [whom she was pictured with] asking him to remove her picture from whiteadvocate.org.

I told her that I was confused because as the rally organizer she had taken photos with others and appeared in-person engaging with the public. If she didn’t want her photo online, why would she be so public and consent to being in photographs? Additionally, her picture was on whiteadvocate.org for months.

She informed me that she didn’t know the photos of her were public and that she isn’t a racist or member of a “skin head” group (her use of quotes) and that anyone is welcome to attend her rallies provided they are respectful. She explained that she doesn’t ask ralliers what they do and that they are not allowed to advertise what they do.

I suggested she release a statement disassociating herself with Keystone State Skinheads/Keystone United/some of the rally attendees and informed her that people will associate her with rally attendees should they continue to demonstrate together. I also agreed to remove the picture of her on my website.

Hours after removing the picture of Mary Ann Benitez from my website, I have since restored the picture due to her tremendous dishonesty and obvious knowledge about her affiliations with Steve Smith and Keystone State Skinheads/Keystone United. At first, as a precautionary measure and a gesture of good will, I removed the picture, but now I have again posted the picture and will explain why.

Skinhead vows to embarrass me in public…and other updates

Smith, following Benitez, has also issued an informal request for me to remove content from my page – specifically a public photo he had uploaded featuring his son who had appeared at one of Benitez’ rallies. I originally uploaded the full picture including his son who was incidentally pictured [I did not upload the picture with intention to criticize or even comment at all about his son], but have since removed the picture since the picture of his son had nothing to do with the post; the picture of Smith and his son at the rally was unneeded to show evidence of Benitez’ affiliations with Smith.

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Additionally, if Smith did not want a picture of his son uploaded on my website (or anywhere else for that matter) he ought not have uploaded the picture for the general public to see…or brought his son to a public rally in which no attendees have an expectation for privacy concerning being photographed.

Anyway, Smith wrote, on my Facebook page, “Don’t worry , you will see me again and I will embarrass you in public like I do to all my detractors.” I find this quite bizarre. For one, Smith is not banned from posting on this blog, my Facebook page, or other venues in which I promote content.

Interview on Inspiring Doubt show | justinvacula.com

What's it like being a secular activist? Give a listen to Justin Vacula's recent interview on Inspiring Doubt to find out (skip to the 2:09 mark where interview starts to avoid the blank feed).

For those unaware Justin is an activist based in the Wilkes-Barre, PA area. Although he has fought many battles in regards to the SOCAS, his most recent concern the "unfair" placement of an FFRF banner countering the National Day of Prayer and being denied the ability to give a secular invocation at a Council meeting.

Although we are in different parts of the state, we share some common issues. Rick Saccone and his "In God We Trust" bullshit comes to mind. Justin's take on the matter figured heavily in my own write up of the issue which is still ongoing.

As a fellow Pennsylvanian, keep up the incredible work you do!!

Interview on Inspiring Doubt show | justinvacula.com

Nothing Prevails Like Prayer banner hung | justinvacula.com

Justin is still battling with Wilkes-Barre city officials (http://interestinghmm.blogspot.com/2014/05/ffrf-banner-unprominently-placed-in.html),,,

Following the unprominent display, I questioned city officials about the banner’s placement (see video of an exchange here) — noting I never have seen a banner displayed on the reverse side of the scaffolding structure — and was informed that my banner was unprominently displayed because Public Square was rented for that day. This explanation is flawed because there is no evidence of rental agreements dictating this and a banner reading ‘May is Mental Health Month’—displayed by NAMI as a right-to-know request unveiled — was prominently displayed alongside a National Day of Prayer banner.

Now, a group, The Lay Servants of the Immaculate Heart Of Mary, presumably responding to the Nothing Fails Like Prayer banner, is advertising on Public Square and, oddly enough, the banner is being displayed on the reverse side of the scaffolding structure. Last month, I asked city officials to display all banners at equal prominence and now – for some reason – a religious banner, the second banner I ever saw erected on the reverse side of the scaffolding structure, is being unprominently displayed. City officials have ignored my request for equal promotion of viewpoints submitted by members of the public.

Will city officials now, displaying this new banner unprominently, use this as reason to openly discriminate – as they already have seem to have done – on the basis of viewpoint by placing certain banners, whether they be mine or others, at their discretion with little to no accountability or oversight, out of prominence?

Nothing Prevails Like Prayer banner hung | justinvacula.com

UPDATE::Right-to-know requests answered | justinvacula.com

Justin has not indicated what step he may or may not take next but his fight for Wlikes-Barre and all of Pennsylvania continues,

"I will continue to pursue church/state separation issues and atheist activism in Northeastern Pennsylvania. While the climate is not very welcome, I will continue to take a stand. Hopefully — even though Wilkes-Barre officials will likely continue its government-led Judeo-Christian prayers at council meetings — Wilkes-Barre officials will improve."

He did however get a response to his right-to-know request.

A right-to-know request — inquiring about the National Day of Prayer banner and the Mental Health Month banner — I filed was recently fulfilled. As I suspected, different groups paid for display of the National Day of Prayer and Mental Health Month banners. Additionally, there were separate charges for banner display and Public Square rental. McCormick’s reasoning, then, is vacuous in light of these revelations. It overwhelmingly appears to be the case that because city officials or someone else making decisions intentionally gave religious viewpoints prominence over a non-religious message.

Sadly, government neutrality on matters of religion is not always the case in Wilkes-Barre. In addition to the unprominent placement of the ‘Nothing Fails Like Prayer’ banner, city council opens its meetings with government-led Judeo-Christian prayers and refuses to allow alternative messages and/or speakers from the public to provide invocations immediately following the Pledge of Allegiance (see more about the matter here including my recent secular invocation I was only able to provide during a public comment section).

Right-to-know requests answered | justinvacula.com

UPDATE::Video of my secular invocation | justinvacula.com

I am seriously wondering how council's refusal to amend their "policy" concerning prayer will jive with the recent Greece v. Galloway ruling. But Kudos to Justin for having the tenacity to follow this through.

Council did not allow me (or anyone else) to provide an invocation in place of council’s recurring ‘Almighty God in Heaven’ prayer during meetings, but allowed me to provide a secular invocation during the public comment section. Sadly, council does not want to budge.

While I am dissatisfied with being sequestered to the public comment section rather than being allowed time to speak in place of council’s prayer, I took the opportunity to deliver a secular invocation which included a healthy dose of skepticism and parts of my ‘life philosophy.’

Video of my secular invocation | justinvacula.com

See also:

Utility to bypass Wilkes-Barre council, proceed with natural gas pipeline project in Brookside

But there were no fireworks during the secular invocation delivered by Justin Vacula, spokesperson for the NEPA Freethought Society, in response to the prayer at the beginning of the public meeting.

Vacula, 25, of Exeter, asked to give the invocation in place of the Judeo-Christian prayer, but was told he could deliver it during the public comment period in which speakers are given five minutes to address council.

“As we gather, we are reminded that although we have differences, we are linked by our common humanity,” he said in the invocation that lasted approximately four minutes.

Vacula said he might give an invocation regularly at the meetings. “We’ll see how it goes. If there are other matters to present, maybe I’ll present those matters,” he said.

Activist Justin Vacula speaking up again through ‘secular invocation’ at Wilkes-Barre City Council meeting - Times Leader

I have been following Justin's activism since November of last year. As we both are Pennsylvania residents (opposite sides of the state) some of what he writes about does impact the State as a whole. As a fellow atheist I try and support the cause in whatever way I am able too and his recent battle with Wilkes-Barre City Council not only has local and regional implications, but also state and national as it falls under the guise of the Greece v. Galloway ruling.

Justin Vacula wants to talk with the members of Wilkes-Barre City Council, but he doesn’t think they’re listening.

Vacula, 25, said he plans to take another shot at capturing the council’s attention Thursday, when he reads a “secular invocation” during the public comment period of its next meeting.

The invocation, he said, will be offered as an alternative to the Christian prayer traditionally given at the opening of meetings and will not be intended to offend or insult any religious individuals or their beliefs.

“It’s going to be inclusive, and something that applies to everyone,” said Vacula, the leader of an area group that promotes atheism.

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Councilman Tony George said Vacula’s complaint is the first he has heard regarding the prayer during his three years on the council.

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At this time, he said, all the members of the City Council identify as Christians, so they chose a Christian prayer to open their meetings.

“If someone from the council wanted to add something else to it, that’s also fine,” he said.

Still, since he began voicing his concerns at meetings in 2013, Vacula said, the council has been steadfast in dismissing him.

“They really haven’t budged on the matter at all,” he said.

The reason they haven't budged is that they have a very narrow view of what is acceptable under the law as compared to what they should be doing in representing their constituents. If one were to take a quick glance, it would appear as if Christian privilege rules the day. A viewpoint that is prevalent in the comments:

"This idiot is at it again? He's not an Activist, he's a P.I.T.A."

"*SHRUG * ..... I find it amusing that he spends so much of his time fighting against something he says does not exist"

"This fellow's mission is as self-righteous and attention-seeking as fanatical fundamentalist religious zealots who try to force their particular beliefs on others in the name of their belief,,,"

Activist Justin Vacula speaking up again through ‘secular invocation’ at Wilkes-Barre City Council meeting - Times Leader

FFRF banner unprominently placed in Wilkes-Barre - justinvacula.com | justinvacula.com

This incident is plain wrong!! Banner put up 3 days late, then "hidden" from view. When questioned as to why, the lies begin to tumble out of city officials' mouth. Does the city think "we" are stupid or what?? All I (personally) ask for as an atheist (as a lesbian and as an individual with a mental illness) is to be treated in the same manner as everyone else. Some theists, not so much. I seriously hope Justin pursues this matter to the fullest extent of the law and I will support his actions in whatever means I can.

Go here for more detailed information concerning Justin's battle
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Wilkes-Barre officials unprominently placed an FFRF banner I submitted for display while a submitted National Day of Prayer banner was prominently placed.

What appears to be a clear case of viewpoint discrimination — privileging religious viewpoints over messages contrary to religious beliefs — occurred on May 1, 2014 at the hands of Wilkes-Barre city officials.

Rather than placing a religious and non-religious banners side-by-side, displaying them with equal levels of prominence, a non-religious banner I submitted was placed out of sight of a National Day of Prayer event — on the reverse side of a scaffolding structure rather than on the front side — while a banner recognizing the National Day of Prayer event was more prominently placed on the front side of scaffolding.

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To paraphrase a previous piece I authored, I do not start with cynicism — seeing malice and ‘bad faith’ [from government officials] — but this banner situation has really moved me to reconsider my view of Wilkes-Barre city officials – especially when considering past transgressions within Wilkes-Barre.

FFRF banner unprominently placed in Wilkes-Barre - justinvacula.com | justinvacula.com