Pomicter and Last Chance for Animals v. Luzerne County Convention Authority

Court/Assoc.: U.S. District Court, Middle District of Pennsylvania

Attorneys/Firms: Mary Catherine Roper & Molly Tack-Hooper (ACLU-PA), Alexander Bilus & Amy Kline (Saul Ewing LLP)

Exhibit. 6 View north from protest pen at Moghegan Sun.

The ACLU-PA is representing a group of activists, Last Chance for Animals (LCA), who are opposed to the use of animals by the Ringling Bros. and Barnum & Bailey Circus. The circus will be performing several shows at the Mohegan Sun Arena at Casey Plaza in Wilkes-Barre from April 28 to May 1, 2016. LCA would like to engage in protesting, leafletting, and other forms of expressive activity on the paved open spaces, sidewalks, and grass areas in Casey Plaza when the circus comes to the arena and at future arena events.

The Luzerne County Convention Authority, however, required that protesters stand inside a pen constructed of metal barricades.  The confinement of the protesters prevents them from being seen or heard by most circus patrons, and prevents them from offering literature to or discussing the circus with all but a handful of patrons. The ACLU-PA asked the court to issue a preliminary injunction barring the defendants from enforcing their protest policies to the extent that they prohibit individuals from engaging in protesting, leafletting, and other expressive activity on the paved open spaces, sidewalks, and grass areas in Casey Plaza.

On April 27, a federal judge ordered the Luzerne County Convention Center Authority to allow animal rights protesters at the Mohegan Sun Arena to leaflet outside the fenced pen used by the Authority to confine protesters. 

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