Judge: LAX restrictions unconstitutional

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Judge: LAX restrictions unconstitutional

LOS ANGELES (AP) ? The Los Angeles International Airport practice of
corralling Hare Krishnas and other solicitors in cordoned-off areas is
unconstitutional, a federal judge ruled. U.S. District Judge Consuelo B.
Marshall also issued a preliminary injunction Tuesday barring the city from
enforcing an ordinance that took effect Dec. 16 allowing airport personnel
to limit solicitors' movements. The preliminary injunction replaces a
restraining order she granted on Jan. 18 in favor of the Krishnas' Los
Angeles chapter. The Krishnas had sued, alleging their civil rights were
being violated. The law requires solicitors to apply for 30-day permits
that specify when and where to seek donations. Solicitors are barred from
singing, chanting, dancing or shouting. Violations are misdemeanors with
fines of up to $500. Attorney David Liberman, who represents the Los
Angeles Krishnas, had argued the restrictions violated the group's First
Amendment free speech rights by placing them far from pedestrian traffic
where they can best solicit.

Assistant City Attorney John Werlich, who represents the city-run airport,
had argued that the Krishnas' method of solicitation bothered travelers. He
also has said that because of post-Sept. 11, 2001, safety restrictions,
pedestrians and travelers have been restricted to specified areas. Liberman
said Wednesday that the city "brought (the ruling) on itself by taking such
a hardline position." He said it boded well for his clients' lawsuit. The
judge "had to have a pretty good sense that we were going to prevail," he
said. City attorney's spokesman Eric Moses said the city would consider
several options, including appealing the preliminary injunction. "We've
been working with this group, trying to find a reasonable solution," Moses
said in a telephone interview Wednesday evening. "However, I think, as we
all know, traveling through airports these days, there is heightened
security. That is part of the reason why any extracurricular activities
need to have a watchful eye kept on it. "The Krishnas are not doing
anything wrong. In a heightened security atmosphere, especially at
airports, security and law enforcement personnel need to be able to know
and identify people who don't need to be there. "They have every right to
be there, but it depends on where."


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