Smyrna residents win free speech battle in protesting police killing – Atlanta Journal Constitution

The city of Smyrna has thrown out ordinances that prompted a recent lawsuit in which Southern Christian Leadership Conference members alleged free speech violations.

SCLS members filed the lawsuit Jan. 23 in federal court after they said Smyrna police violated their constitutional rights.

Richard Pellegrino and Aaron Bridges were handing out leaflets in the downtown Smyrna area to protest Thomas March 24, 2015, death by a Smyrna police officer when they were confronted by officers.

Thomas was shot in the back as he fled, in a customers Maserati, Smyrna and Cobb police officers attempting to serve him with a warrant for a probation violation.

Atlanta civil rights attorney Gerald Weber said the free speech lawsuit challenged sections of an ordinance city police had invoked to stop them from passing out leaflets in that downtown square.

While distributing leaflets on a public sidewalk to educate the public about the killing of Thomas, they were repeatedly seized, threatened with arrest and unlawfully removed from public property without cause, Weber said.

Smyrna City Council met Feb. 6 and agreed to rescind the ordinance that unconstitutionally discriminated based on content of a speakers message and an ordinance that created animpermissible presumption of criminality for citizen leafleting in certain circumstances, Weber said Sunday in a statement.

Under the order of a federal injunction, Smyrna agreed not to re-enact the challenged provisions.

Weber said he appreciated the citys willingness to resolve key portions of the lawsuit and respect the rights of citizens to protest.

This order vindicates our clients right to raise important questions about the killing of yet another unarmed black man, Weber said.

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Smyrna residents win free speech battle in protesting police killing - Atlanta Journal Constitution