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January 30, 2001
Dear Secretary Meyer,
It has come to my attention that your department
intends to institute a policy which would require any person wanting to
protest, picket, or engage in other First Amendment activities on certain
Department of Natural Resources properties to apply for a permit and pay a
fee. DNR spokesman Greg Matthews has publicly made it clear that the
policy is being instituted specifically because of recent WCU ministry
activity on the Mazo beach parking lot.
I must inform you that the scheme which you have in
mind constitutes a prior restraint on free speech and, by your own
department's admission, is prejudicial on its face since it is directed
toward one certain group. It is foolish and even un-American of you to
attempt to license free speech in the DNR's public parks. I would suggest
your department lawyers consider that the Supreme Court has repeatedly
ruled that public parks, streets, and sidewalks "are properly
considered traditional public fora" Frisby v. Schultz, 487
U.S. 474, 479-481 (1988).
Recently, the City of Elkhorn attempted to license free
speech and arrested 49 persons during a pro-life event. On
January 5, 2001, Federal Judge John Stadtmueller used extremely strong
language in ruling Elkhorn's ordinance unconstitutional, Ovadal, et
al. v. City of Elkhorn. The City of Elkhorn is now also facing a
lawsuit for legal costs incurred by the plaintiffs in the case. Should the
DNR decide to go ahead and put in place an ordinance to license free
speech, be advised that WCU will take the matter before a federal court.
Should you arrest a single person with WCU for lawfully exercising his
First Amendment rights without a permit on the DNR property adjacent to
Mazo beach, your department will be facing a lawsuit for damages as well.
Secretary Meyer, what is it about taxpayer-funded
public nudity that you feel so compelled to protect? What is it about
children and public morality that you so disdain that you will go to such
lengths to champion the cause of a few sexually immoral nudists? You have
the power to end the nudity at Mazo beach immediately but continue to
refuse. Perhaps you do not care about the families of Wisconsin or even
your own family enough to stand up and do the right thing. That be as it
may, WCU is not going to rest until the nudity at Mazo beach is history.
We are organizing for a long, hot summer campaign; I advise your
department to either do the right thing or prepare for the same.
In closing, I would also advise you to consider how
your actions are offending the Great Lawgiver of the Universe. "He
that justifieth the wicked, and he that condemneth the just, even they
both are abomination to the LORD" (Proverbs 17:15).
Sincerely,
Pastor Ralph Ovadal
Director, Wisconsin Christians United
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