Issue date: February 24, 1999
Anti-abortion protesters promised more legal action if Menlo Park adopted its controversial sign ordinance. Now they've made good on their word. Two more anti-abortion protesters have filed a lawsuit against the city, claiming false arrest and civil rights violations for two citations last year.
In early February, two members of Operation Rescue -- Troy Newman of Rim Forest, California, and Daniel McCullough of Twin Peaks, California -- filed the suit against Menlo Park in a San Mateo Superior Court.
They claim that their rights were violated when police cited them September 19, 1998, for carrying oversized signs. The two protesters were taking part in an anti-abortion demonstration on the corner of El Camino Real and Ravenswood Avenue in Menlo Park.
The demonstration featured large, graphic posters of aborted fetuses measuring up to 20 square feet. Under the city's sign ordinance, hand-held signs are limited to 3 square feet. The ordinance also prohibits any sign in the public right-of-way.
Mr. Newman and Mr. McCullough were cited under the city's old sign ordinance, which was amended earlier this month to conform with an opinion from the 9th Circuit U.S. Court of Appeals. The new ordinance continues to limit the size of hand-held signs and prohibits all signs in the public right-of-way.
The city has until mid-March to respond to the plaintiffs' complaint, said City Attorney Bill McClure. "We'll evaluate what the response should be," he said.
Mr. Newman and Mr. McCullough filed a claim against the city last November, which the City Council denied.
The city already faces legal action from anti-abortion protester Ross Foti of Belmont.
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