Pride organizers, ACLU sue Indiana city again, saying it defied court

An LGBTQ advocacy group is once again suing Loogootee, Indiana, claiming the city is ignoring a recent court decision ruling its actions unconstitutional and is pushing its festival out of the public square illegally.

The Southern Indiana city of 2,600 people and festival organizer Patoka Valley AIDS Community Action Group have fought for years over LGBTQ expression on city property, specifically where the annual PrideFest would be held.

The city had enacted a special events policy that would prevent the group from holding the festival at the public square downtown. The U.S. District Court of Southern Indiana handed the city a major defeat in August, ruling that the policy was too broad and violated organizers’ First Amendment rights.

Now, Loogootee has enacted another special events policy that mirrors several measures in the one that the court struck down. In response, the Indiana chapter of the American Civil Liberties Union, which represents Pakota Valley, filed a new lawsuit against the policy and filed a motion alleging the city is disobeying court orders.

“Court orders must be complied with, and Loogootee, by enacting an ordinance that contains provisions enjoined by the Court, is in contempt of its lawful orders,” ACLU Indiana legal director Ken Falk said in a news release. “Moreover, the ordinance it has adopted continues Loogootee’s pattern of attempting to unconstitutionally restrict this celebration of the LGBTQ+ community.”

The new legal twist is the most recent development in what’s been a tense local culture war between the LGBTQ+ community seeking to publicly celebrate their identity and the strong, sometimes threatening, community pushback to their efforts.

Is Loogootee’s ‘new’ policy new?

Judge Richard L. Young listed three primary factors in his August ruling as to why he found Loogootee’s old policy unconstitutional: a 45-day event permit application deadline, small group thresholds, and event location limits. He also disagreed with the city’s health and safety reasoning for such rules.

Public institutions can legally establish restrictions on the time, place and manner of free expression as long as these restrictions are narrowly tailored.

Enacted Dec. 29, the new ordinance reuses the same language regarding the permit deadline and small groups but broadens the locations where an event can be held. Instead of limiting an event to one of two places, an event can now be held anywhere except within 240 feet of the town center’s fountain.

In its complaint, the ACLU argued that the “verbatim” measures and the new location restriction are all unconstitutional.

“The ‘new’ Ordinance is therefore ‘new’ in name only and, in reality, Loogootee has simply reenacted provisions that this Court has explicitly enjoined as unconstitutional,” the ACLU’s complaint reads.

Loogootee Mayor Brian Ader previously told IndyStar that the city planned to appeal the District Court’s decision, but an appeal was never filed.

The USA TODAY Network – Indiana’s coverage of First Amendment issues is funded through a collaboration between the Freedom Forum and Journalism Funding Partners.

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