Friday, November 7, 2008

Alabama mayor asks court to nix gay suit

Alabama mayor asks court to nix gay suit

By 365gay Newscenter Staff
11.06.2008 4:11pm EST

(Birmingham, Alabama) Birmingham Mayor Larry Langford has asked a federal judge to dismiss a lawsuit accusing him of violating the civil rights of a gay pride group.
Central Alabama Pride accuses the mayor of acting unconstitutionally when he barred city workers from hanging pride banners on city property in June.

In a motion filed with the U.S. District Court in Birmingham, Langford’s attorneys said the group cannot show it suffered any harm and as a result the case should not be allowed to moved forward.

The motion said that the pride celebration went on as planned.

Central Alabama Pride in its lawsuit claims the mayor has not restricted banners from other organizations. The suit also said there is no criteria for hanging banners in Birmingham.

The group said in the suit that Langford subjected the group to religious discrimination, violation of the 14th Amendment’s equal protection clause, and violation of the freedom of speech.

Langford said that he did not discriminate against anyone and that the city only hangs banners for groups sponsored by the city.

The mayor called the suit a frivolous publicity stunt.

“The parade took place as planned, and all of plaintiff’s decorations were hung,” the motion filed by his attorney said.

“In essence, the parade of 2008 was the same as all other years. Plaintiff does not claim that having to hang the banners itself in any way injured the parties either physically, mentally or emotionally. In other words, plaintiffs cannot point to a concrete and particularized injury.”

Langford refused to sign a gay pride proclamation that was passed by the city council in May and said at the time he would deny the group a parade permit.

The permit was eventually granted by the Birmingham Police Department and Langford did not interfere.

He still says he opposes gay pride celebrations and signing gay pride proclamations, but denies that he discriminates.

A judge has yet to rule on Langford’s motion.

http://www.365gay.com/news/alabama-mayor-asks-court-to-nix-gay-ssuit/

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