THE BALLOON MAN

Appeals court tames circus protester

from: ctpost.com

by Daniel Tepfer

Friday, August 31, 2012 ..

BRIDGEPORT -- The U.S. Second Circuit Court of Appeals Thursday upheld the city's right to arrest circus protesters who try to block an area in front of the Webster Bank Arena.

The federal appeals court, in a briefly-worded decision, upheld the ruling of a lower court against a woman who was arrested while protesting the circus.

"We are pleased with the court's decision which allows the city to ensure the public safety while at the same time permitting the exercise of the First Amendment right to free speech," Associate City Attorney Betsy Edwards said.

The protester, Lisa Zalaski, could not be reached for comment.According to court records, in 2006, Friends of Animals sued the city in federal court after police arrested several protesters outside the arena who were demonstrating against performances of the Ringling Brothers & Barnum and Bailey Circus.

In its lawsuit, Friends of Animals contended the protesters' constitutional right to free speech was violated because they were protesting in a public place at the time of their arrests.

The city countered the protesters were causing a security problem at the arena because they were blocking an area reserved for ticket holders entering the arena.

In 2008, the city agreed to settle the case with Friends of Animals, paying them $9,000. Friends of Animals agreed that its future protests would take place no closer than 80 feet from the arena doors.

U.S. District Judge Vanessa Bryant subsequently threw out the lawsuit against the remaining plaintiff, Zalaski, ruling that the area where the protest was conducted did in fact create a security problem. She stated that there was abundant room outside the area where the protesters could be seen by the public but not interfere with ticket holders.

In an unrelated ruling Thursday, the state Supreme Court upheld a lower state court's ruling placing a limit on the city's underinsured motorist coverage. Edwards said as a result of that ruling, the city, which is self insured, will see substantial savings in certain claim

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