DENVER—A federal judge on Thursday dismissed three people from a lawsuit filed by activists who say they were kept from a Denver appearance by President Bush because of their political views.
Leslie Weise and Alex Young were ejected from the Wings Over the Rockies Air and Space Museum on March 21, 2005, just before Bush was to appear at the taxpayer-funded town hall. The appearance was part of Bush’s tour of the country where he was touting his plan to privatize Social Security.
They filed a lawsuit last year saying their First Amendment rights were violated.
The two say they were picked for removal from the event because they had arrived at the museum in a car with a bumper sticker reading “No blood for oil” and wearing T-shirts saying “Stop the lies” under their clothes. They did not show the T-shirts. They have said they had no plans to disrupt the event, though Young hoped to ask Bush a question.
Weise and Young accused Greg Jenkins, a former director of White House advance office, of helping to develop a policy meant to limit dissent at the president’s public events.
Jenkins argued that he left his position in 2004 and had no knowledge of the 2005 event. U.S. District Judge Wiley Daniel on Thursday dismissed claims against him.
The judge also dismissed claims against volunteers Michael Casper and Jay Bob Klinkerman, who Weise and Young said asked them to leave and violated their rights.
In his ruling, Daniel wrote that Weise and Young were essentially arguing that they were not allowed to participate in Bush’s speech. “President Bush had the right, at his own speech, to ensure that only his message was conveyed. When the President speaks, he may choose his own words,” Daniel wrote.
Young said he believed the ruling was wrong and that he wanted to pursue an appeal.
“Our freedom of speech was severely violated,” he said. “These people acting at the discretion of the White House violated the civil liberties of us and many, many other Americans at other rallies.”
Klinkerman’s attorney, John Zakhem, said he was happy with the dismissal.
“We believe it’s a complete vindication of Jay Klinkerman, who was a simple volunteer for a presidential event, who had no control over government policy on access to an event,” Zakhem said. “I know I speak for Jay in saying he respects the plaintiffs’ interests in defending their free-speech rights, but their rights had nothing to do with Jay Klinkerman.”
Sean Gallagher, the lawyer who represented Casper, said, “We’re glad that after all the negative media coverage, the court has confirmed that what (Casper) did was constitutional.”
Daniel’s ruling did not cover two other people who worked with the White House Office of Advance.
