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Jews for Jesus mulls next move in case against Oyster Bay After winning the first round in an ongoing lawsuit, the California-based not-for-profit organization Jews for Jesus is considering its next move against the Town of Oyster Bay, including seeking an injunction against the Town forcing it to give unrestricted access to Town facilities where it can bring its message to residents. The case surfaced on July 25, 2006 when the plaintiff, Susan C. Mendelson, of Jews for Jesus, and her colleagues went to John J. Burns Park in Massapequa to distribute literature and talk to anyone interested in learning about their religious beliefs. The group was informed by aTown public safety officer that they could not distribute literature or approach other citizens in the park . They were escorted from the park. The Town's code prohibits "anyone from making a speech, addressing, putting up signs or making any declaration or appeal of any kind or description...in any park or beach except by special permission of the Town Board." No information or instructions on how citizens can go about obtaining permission was a part of the original code, however. Following that, the group contacted the Nassau County Police Department in an effort to obtain a permit to distribute literature within the Town, according to the lawsuit. They were advised that the Town did not permit such activity. That was confirmed by Town officials, the lawsuit states. "The night this happened, we received comments from many residents who reacted in a variety of ways from being intimidated, offended, accosted or simply uneasy by the actions of this organization," explained Oyster Bay Town Supervisor John Venditto. "Following that, we did a lot of homework and recognized that we had to revise our practices." Town officials read up on the federal criteria and Constitutional law and developed a set of "neutral content" criteria outlining how Jews for Jesus and other organizations can promote their points of view, agendas or beliefs without infringing on the rights of others, said Venditto "They will be placed some distance from the crowd, be seen but not too close," said Venditto. "Residents who see their signs then have the option of going over to them to read their literature or hear what they have to say." Frank L. Amoroso of Nixon Peabody LLP of Jericho, who represents the plaintiff, Susan C. Mendelson of Jews for Jesus, said that citizens can exercise their First Amendment rights without Town board approval. "Effectively my clients are being denied their First Amendment rights," said Amoroso. Venditto disagreed. "It is always distasteful to restrict First Amendment rights, but the Constitution does not guarantee that you can do whatever you want, whenever you want," he said. "I think we have struck a balance between the Constitutional rights of this group and others on the one hand, and the rights of the residents to go to one our parks or facilities and not be offended or accosted by those would want to promote a particular point of view or belief." That, Venditto continued, "is in compliance with Federal guidelines that permit reasonable restrictions under these circumstances."
"We are reviewing those new regulations to decide how to proceed in the case," said Amoroso, who added that one option is to seek an injunction in Federal court to force the Town to permit, without limit, the free speech rights of his clients.
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