Minister wins free speech suit against state, county

A Billings minister has prevailed in his federal suit against state and Yellowstone County officials who he alleged violated his free speech rights when he was arrested while collecting anti-abortion petition signatures at MetraPark.

Chief U.S. District Judge Richard Cebull on Tuesday approved a joint settlement in which the state and county agreed not to enforce an obscure state law that limited the speech of ministers, clergy and church regarding candidates and ballot issues.

The stateacknowledged in court records that the law was unconstitutional and that it had not been and would not be enforced. The state also said it would not include the law in so-called warning posters in future elections.

We are very pleased that yet another absurd, anti-free speech Montana election law has been struck down, said Bozeman attorney Matthew Monforton, who represented Cal Zastrow, a Billings resident and minister for the Assemblies of God.

This means that Cal and other pastors have the same right to engage in the political process that everyone else has. The state is no longer permitted to tell voters through 'warning posters that pastors who engage in political speech are criminals, Monforton said Wednesday.

Assistant Attorney General Michael Black, who handled the case for the state, said on Wednesday, To the best of our knowledge, the statute has never been enforced. Based on our review we chose to allow the court to enter the judgment that it was unconstitutional.

Yellowstone County, Monforton said, stopped harassing Mr. Zastrow after the filing of the lawsuit. Because Zastrow can engage his First Amendment right to collect signatures at MetraPark, that portion of the suit also was settled, he said.

Deputy County Attorney Ryan Norlund said the county was prepared to proceed with the false arrest claims but, at Monfortons request, reached agreement on where and when Zastrow could collect signatures.

He followed those parameters. There were no further incidents, he said.

Zastrow could collect signatures in places that didnt interfere with pedestrian trafficat events, Norlund said.

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Minister wins free speech suit against state, county