Dearborn Mayor Explains Last Week’s Actions with Pastor
The city of Dearborn sent out a release today that nicely explains the city’s actions as it relates to Pastor Terry Jones. Despite some comments posted here, the city clearly has afforded Jones a venue to spew his hate.
The release begins below:
Mayor John B. O'Reilly, Jr.
The City of Dearborn has always offered Pastor Terry Jones the opportunity to exercise his right to free speech, and so his announcement to return to Dearborn on April 29 to protest in one of the City’s permit-free zones is consistent with Dearborn’s position all along.
The City is not anticipating any pre-determined outcome to Pastor Jones’ protest on Friday. The City will be preparing appropriately to manage the large crowds that may be drawn to support or counter Pastor Jones’ message.
Since the content of Pastor Jones’ message has never been the issue, the City also believes it is on solid ground regarding potential legal challenges to any action it has taken so far.
The City also notes that Pastor Jones has been given due process under the law at every step from the moment he filed his application to protest in Dearborn, initially set for April 22.
Mayor John B. O’Reilly, Jr. praised Dearborn residents for their measured response to Pastor Jones last week, and for their participation in events promoting the unity of the community.
On Friday, a peaceful gathering at the Henry Ford Centennial Library, one of the city’s designated permit-free zones, attracted about 400 people.
On Thursday, 700-900 people participated in an event at the Islamic Center of America, organized by the InterFaith Leadership Council of Metropolitan Detroit.
This week, Mayor John B. O’Reilly, Jr. encourages residents to continue to focus on the community’s unity and respect for all of the faith traditions.
Because of the high-profile of this case, people may be learning about Dearborn from misinformed sources, so the community’s positive actions will paint an accurate picture of a united Dearborn.
Mayor O’Reilly also feels it is important for residents to understand what happened last week amid the whirlwind surrounding the plans of Pastor Jones to hold his demonstration on April 22.
Mayor O’Reilly recognizes that the dizzying details may have left some with legitimate questions about what really took place.
“I’ve been approached by a number of Dearborn citizens who were confused by what happened last week and why. So, as we look ahead to the pastor’s announced return on April 29, I thought I should try to clarify what has occurred so far,” said Mayor O’Reilly.
He provided the following:
“Dearborn never questioned the pastor’s right to exercise free speech. The question we differed on was where this demonstration should take place in order to protect both the pastor’s rights as well as the rights of those wishing to observe religious services,” he said
The pastor’s preferred location was on a grassy area near Altar Road, a two-lane road with limited access serving four Christian churches, which, on April 22, were hosting Good Friday services. The road also serves a mosque, which hosted weekly prayer services on April 22.
This location does not have any public parking or public sidewalks, and is adjacent to the six-lane Ford Road. The grassy area is not designed for human occupation.
The City requires groups that want to hold special events not on public sidewalks or permit-free zones to apply for a special event permit with the police department. The department looks at public safety concerns and logistics to minimize the impact on adjacent property owners and traffic, amid other concerns.
The City has areas in which no permit is required for a special event. These zones provided high visibility, can accommodate large crowds and have plenty of public parking, including for supporters and the media.
The City denied Pastor Jones’ special event application for Altar Road, but referred him to City Hall, one of the permit-free zones.
Pastor Jones said publicly that he intended to protest at the Altar Road site despite the City’s denial of the permit. Pastor Jones has not appealed the denial.
Other groups also applied for special event permits at the Altar Road site and were denied. They were referred to the permit-free zones.
Meanwhile, the Wayne County Prosecutor’s Office on April 15 initiated a process in the 19th District Court to determine if Pastor Jones should pay for a “peace bond.”
A jury decided the “preponderance of evidence” showed that Pastor Jones and his associate, Wayne Sapp, would likely cause a breach of peace if they protested at the Altar Road site on April 22 at the time that they chose.
This verdict prompted the judge to set the conditions of the peace bond. He set the amount at $1 for each man. He also set a condition that neither man visit the planned protest site or the Islamic Center of America for three years.
Pastor Jones and Mr. Sapp refused to pay the $1 bond. So they were initially taken into custody to be processed for the Wayne County Jail.
During the processing, each agreed to pay the $1 and were released Friday night.
Pastor Jones later announced he would return to Dearborn for a protest on Friday, April 29.
April 26th, 2011 at 10:33 am
First off the O’Reilly’s statement that Dearborn offered Jones the right to exercise his opinion is absurd. The right to free speech is a natural right given to man from the creator and guaranteed by the constitution. A mayor can neither give Jones this right or take it away. So it is blatantly clear in the first sentence of O’Reilly’s pathetic explanation that he is clearly confused. The natural rights of man to freedom of speech and thought are not government privileges revokable upon inconvenience and controversy. O’Reilly clearly used scarce government resources to imprison a man, for no other reason than a thought crime. No crime was committed other than the county prosecutor and Mayor O’Reilly violating the most sacred American values for political gain. This country fought a revolution against the British for this very reason. The natural rights of man are self evident, and inalienable. They are endowed to us by our creator and not a king, Kim Worthy, Mayor O’Reilly, or Judge Summers. The idea that the city has the right to constrain thought by determining the time, and location of symbolic protest should rock every citizen to their core. The real crime of Terry Jones was not securing legal counsel competent enough to convince a jury of the political transparency and buffoonery of O’Reilly’s reasoning. Now more than ever it is obvious why this Mayor decides to close pools, libraries, and limit services to citizens, at the same time expanding government involvement in parking, public access cable, convention centers and public handouts to politically connected special interests. It is because O’Reilly believes in the absolute authority of government.
Individuals can vigorously debate conservative or liberal, Democrat or Republican values, but we must recognize that those debates are predicated on the inalienable rights guaranteed in our constitution.
Thank Mayor O’Reilly for letting your hubris and political interests cloud your judgement. The resulting lawsuits, pleadings, and media coverage will stimulate local restaurants and improve the billable hours for unemployed con law lawyers.
April 26th, 2011 at 12:02 pm
Well from this letter its clear that the City did everything correctly. That area on Ford road is clearly not a good place to have a protest due to traffic congestion and speed. Well I agree that all this serves to extend this ignorant imbecile’s 15 mins of fame, I think the city did the right thing.
April 26th, 2011 at 12:07 pm
Just a question, if this man had just arrived in the area, without any advanced notice, what would have happened?
I think he would have showed up, started his protest, drawn some sort of crowd, the police would have been called, and he would have been asked to leave. If he did not leave, he would have been arrested.
I am a Dearborn Catholic who, in no way, approves of this man or his message.
Having said that, I agree that the Freedom of Speech is what our soldiers are fighting and dying for at this very moment and what most immigrants have come to this country to practice.
We cannot be selective with this right.
I really believe it should have been treated as I stated in my second paragraph. What we have done now is give him the publicity that he so desperately craves, opened Dearborn up to the unneeded scrutiny of the world, and, who knows, how many lawsuits.
I hope that we never make this mistake again. Over reaction is a very costly action.
The city played right into his hands and gave him exactly what he wanted.
April 26th, 2011 at 2:08 pm
Reality Bites: While you are correct in the gist of your statement, the First Amendment isn’t as unalienable as you describe. The Supreme Court has held up time and again that speech is protected – to the point it doesn’t become destructive. Which is why child pornography isn’t protected, but protesting at a funeral is. The same goes for the yelling “fire” in a crowded theatre example of Oliver Wendel Holmes; just because you enjoy the liberties to do something doesn’t mean you can.
I think the Mayor’s reasoning for what happened explains the city’s position pretty well – it may not be a popular opinion or even the right opinion, but it’s one that should hold up in court.
April 26th, 2011 at 2:17 pm
How does the mayor, Kim Worthy and the judge know that Terry Jones was not going to announce his conversion to Muslim?
“Prior restraint” is unconstitutional, no matter how you wrap the explanation. There is no excuse for what was done. This is going to cost the city big time.
If Terry Jones was peaceful in his presentation, then the only threats were from the protesters. Thus they should have been the ones on trial and forced to put up a peace bond. One only need to look at the the actions of BAMN.
April 26th, 2011 at 2:28 pm
Reality Bites: Well said. I agree wholeheartedly.
April 26th, 2011 at 3:39 pm
Mr. O’Reilly you showed us your ineptitude last week, and your explanation evidentally was to cover your ass. Mr. Jones and his associate made our City look terrible, and you played into his hands, and didn’t represent us very well. I hope you learn from your mistake, because a lot of the media, as well as your residents felt like you tried to prove what overkill will do, and it blew up in your face. Your Dad would have never handled it with the overkill of manpower, but then again, you should have paid more attention to what he did while he was in office.
April 26th, 2011 at 4:10 pm
I still can’t believe what I witnessed last week.This is the second time the Mayor has wipped his backside with the consitution of the U.S.A.!
This goofball from down south should have been permited to stand in front of the mosque,give his stupid little speech and then go home.
I was born and raised in Ann Arbor and every year in the 80’s a laughable dozen or so Neo Nazi’s from Ohio would come to A2 and stand at the Federal Building and foam at the mouth and about 500 smelly hippies would go even crazier and no one got hurt or killed and after a couple of years the whole thing fizzled out.The city of Ann Arbor’s Mayor did not over react.Dearborn’s mayor clearly loves the spotlight and is making the most of this.
The next rally should be in front of the mayor’s house calling for his resignation because this is going to cost the city dearly in the form of a lawsuit.
April 26th, 2011 at 6:25 pm
Well said, Cloe.
The “pastor” had a right to speak his mind, and even though I find his thoughts deplorable I don’t get to decide what kind of speech is allowed. The Constitution does that.
Dearborn should have denied his permit, let him show up, and then arrested him.
April 26th, 2011 at 7:54 pm
Still don’t understand why Jones and Sapp were taken into custody after refusing to pay the $1 peace bond. They didn’t defy any orders or rules. It’s my understanding that a peace bond is to be paid when it’s anticipated that a public disturbance might necessitate additional services, or as a deterrant to cause damages.
They didn’t protest. They didn’t disturb any peace. They didn’t cause any damages. So why were they taken into custody?
Isn’t refusing to pay a peace bond sort of like refusing to pay a deposit on a rental property– it guarantees you won’t get what you want (the house, the right to stage a protest), but you’re not actually breaking any laws.
Can someone explain this to me?
April 26th, 2011 at 7:57 pm
No matter how one may feel about Terry Jones and his opinions, the City’s permit-free speech zones are actually an established practice in the US. The past several national conventions of both parties have had official protest zones. They are also used for a number of Presidential visits (again by both parties) as well as during events like WTO Meetings and G7 (or whatever the number of countries invited) Summits.
The use of these free speech zones has resulted in unsuccessful lawsuits as well as lawsuits being brought by people arrested for trying to protest outside these zones.
There is a well cited article at http://en.wikipedia.org/wiki/Free_speech_zone Yes, it is Wikipedia, but if you look at the citations listed at the end of the article, it has been well researched.
As for Muslim groups being able to go around and protest where ever, if you pay a little bit of attention, the recent gatherings have been on the steps of City Hall or as with the group on Friday at Henry Ford Centennial Library. Both permit free zones.
Also, while free speech is guaranteed by the First Amendment, it is not actually unlimited. One cannot falsely yell “Fire!” in a crowded theatre, commit slander or libel, create or distribute child pornography, put forth false advertising or incite imminent lawless action amongst other things.
Now, if the City does not continue follow the precedent they have now established in the Jones case (requiring permits for all pre-announced protests and charging for public safety services for spontaneous protests,) then it deserves to get slapped.
April 27th, 2011 at 7:34 am
This clown’s 15 minutes of fame is way past due- just file him with the likes of all biggots- I think the City intentionally slow walked him and stole his thunder. It was a great move. This is not positive press for Dearborn. Many of the Oakland county crowd already look at Dearborn differently and don’t come here- ATTENTION ALL MEDIA-please go away and he will quit talking.
April 27th, 2011 at 10:05 am
Average Joe, The yelling of “fire” in a theatre does not work. Nor do any of the other examples. The law only sets the penalty if you do shout “fire”, it does not prevent you from shouting “fire”. Putting a person in jail for failure to put up a peace bond, does prevent speech.
April 27th, 2011 at 1:35 pm
You small group of morons who treat this page like their personal venting session need a focus group or something. Did mayor O’Reilly snub you at an event or something? yell at you when you were younger? Your personal vendettas are so glaringly obvious I start to wonder if it’s just a couple raving lunatics using multiple names. I’m sorry for being so blunt but I find it hard not to laugh at your dense minded drivel. Everything in that letter was backed with facts and the law. It wasn’t just O’Reilly who agreed with this; The Wayne County Prosecutors Office, 19th district court and city attorneys all felt the actions the city took were valid and within the law. So I appologize that your Glenn Beckian rantings on the destruction of the constution fall on deaf and very amused ears. By the way, I really think you should all get together, I bet you’d really enjoy each others company (probably something your not very used to from other people)
April 27th, 2011 at 10:26 pm
It is sad very sad, that Americans will so easily give up their most sacred God given rights because exercising them is inconvenient. This Mayor along with the county prosecutor had a man imprisoned for expressing unpopular thoughts. Most every reason the city gave to prohibit this man from speaking was their own creation. It should be clear to even the most obtuse citizen that this mayor curried favor from special interest groups and spent precious tax monies on a political campaign to protect certain individuals from feeling uncomfortable. In America the point of protest is to create inconvenience and cause discomfort. Jones’s attempt to manipulate the media and create a sideshow is part of a long tradition of coordinated civil disobedience. Did Walter Reuther have a permit at the Miller Rd overpass, did Rosa Parks need a permit to sit in the front of the bus, how bout Harriet Taubman did she have a permit for her underground railroad, did the Sons of Liberty dump tea into Boston Harbor in a permit free zone.
The idea that a city mayor is the arbiter of what speech is acceptable and which speech is not, blatantly violates the principles of American Democracy. What O’Reilly did was create the situation where a man was imprisoned for his political beliefs. His purpose and reasoning for this injustice is the same reasoning used by China, Russia and every totalitarian state to justify their oppression. The final results of this Debacle have yet to be written but this much should be obviously clear, the city will be sued by incredibly well funded legal interests, Jones received much more media attention than he would have otherwise, the city will become ground zero for right wing zealots, Dearborn now looks like a second rate political fiefdom controlled by special interests, and the financial costs will continue to pile up. This situation was not only poorly handled it was a miscarriage of justice.
April 28th, 2011 at 6:09 am
Jason your argument is baseless. The mayor will lose, it may take a while but he will most definitely lose. The fact that city attorneys who work for the mayor agree with his decision is pathetic. Furthermore what injustices in the American legal tradition were not backed up by facts and law? Slavery, child labor, anti Catholic bigotry, Jim Crow segregation, misogyny laws, etc etc. The point is the cities facts and reasons are wrong. Dense minded drivel is the absolute acceptance of lies, in the face of overwhelming evidence. The constitution, declaration of independence, the American historical tradition, and case law are very clear on the importance of protection of unpopular speech. The fact that the ACLU and virtually every liberal legal scholar believes this was a political sideshow orchestrated by our mayor dismisses any commonalities to Glen Beck. Yes, there is a constitution and yes it must be protected. The way this is done is by an adversarial legal system and vigorous civil debate. Trusting the benevolence of city officials, and wishing for a just society, will not make it so.
Jason, the fact that you accept the mayor at face value and deem any criticism of him as venting by lunatics shows your lack of critical thinking. The freedoms in this country are predicated upon individuals challenging opinions and policies, and the mayor is not the only one entitled to use this forum to advance his interests. Free and open societies are constantly challenged by competing interests to gain institutional advantages and this argument advanced by the mayor is just one example. Nobody in this country has the right to be protected from having their intellectual foundations challenged. No matter how poorly reasoned and vile the challenge is.
Let the results speak for themselves. This situation was created by an uneducated and discredited religious zealot. It was exacerbated by our Mayor preening for the cameras and craving every last bit of airtime this media circus gave him. Public officials jumped on the bandwagon and gave Jones the very standing his views cannot warrant on their own. This entire incident plays into Jones favor and gives the right wing racist elements enough credibility to fuel their Sharia law conspiracy theories forever.
So when this mayor attempts to use financial insolvency as a justification to close pools and libraries remember all the money spent on this fools errand when this poorly reasoned district court decision is overturned.
April 28th, 2011 at 6:51 am
I like how they stated that there was no room on Altar road for Jones to hold his protest and the city needed a peace bond from them. Funny how the counter protester’s were allowed on the same public property and weren’t required to have a permit nor put up a peace bond. The city and county have to spend another $47k this week to protect the peace when Jones come back.
April 28th, 2011 at 9:37 am
WOW!-“Jason Says”-Are you related to the Mayor?Calm down.
I am a home ownwer/taxpayer here in Dearborn.I voted for the Mayor and I have even met him a few times and had a favorable view of him until I saw him on Anderson Cooper and his jailing of the out of town christian group at the arab fest.It’s been down hill ever since.His bungled job of protecting the local muslum community has only aided in the rest of the country’s misconceptions that Sharia law is part of our way of life here.I don’t watch or even like Glenn Beck but The Mayor has done a really,really bad disservice to Dearborn residents and I hope he doesn’t get re-elected.You can call me all the names you want but I have several other VERY liberal friends who feel the same way about the Mayor and won’t vote for him again either.
April 28th, 2011 at 10:04 am
Jason – so who is doing the ad hominem attacks now? “Look in the mirror, boy,” and remember to “do unto others . . . ”
I reject the name calling and the personal aspersions, but when I tell you that the Mayor, the Prosecutor, the City Attorneys and the 19th District Court are facing some real legal challenges from Richard Thompson and the Thomas More folks – don’t kid yourself otherwise. We may just find out whether you can force someone into a Free Speech Zone. My bet – not in this case.
Without sounding all “Glen Beck” to you, Jefferson and Madison put the First Amendment in the Bill of Rights to protect the right of dissidents (such as John Adams) to assemble and make outrageous statements about the King of England – which many people found not just wrong, but treasonous. Do you think Adams would have bowed to the Mayor of Boston on when and where he protested? Methinks not.
Sorry if that sounds like a venting session.
April 28th, 2011 at 12:39 pm
Mr. Deep is obviously invested in this matter and sides with the Mayor in his denial of free speech rights. Will you still feel that way, Mr. Deep, if someone you agree with is prevented from speaking? I doubt it.
Check yesterday’s Press and Guide editorial. At first, the editorial claims that it is a misconception that Dearborn has a double-standard when it comes to free speech issues. Then, they admit that if a peace bond were required of pastor Jones, one should have been required of the other groups. Then, they admit that the pastor should not have been banned by Somers from the public sidewalk in front of the mosque for three years. Then, they brought up something that didn’t make the major newspapers. The judge required that the MOSQUE LEADERS must approve Jones’ appearance. Even the Press and Guide admits that looks like “Muslims, might, in fact, have some control over the government apparatus here.”
April 28th, 2011 at 9:24 pm
Jason is probably some Oreilly appointed Department Head that lives outside the City like the rest of them.
There are very limited things that aren’t protected under the 1st Amendment,such as yelling “fire” in a theater. What pastor jones planned to do can not be compared to that and im sure his lawyers will win this case.
Even when jones wins his lawsuit our arrogant mayor will just say he is right and the courts or the supreme court is wrong as well as all of us stupid residents.
TIME FOR A RECALL.
April 29th, 2011 at 1:36 pm
BacktotheFuture: O’Reilly is elegible for recall in July (six months after taking office.)
I’ve attached recall procedures for the State of Michigan (pdf).
As a one-time supporter of O’Reilly (and down-the-street neighbor), I think this is something that needs to happen. His complete lack of real (electoral) challenges during the course of his political career has made him lazy, arrogant and given him very poor judgement. Dearborn does deserve better.
April 30th, 2011 at 3:53 pm
MAYOR O’REILLY & CITY COUNCIL:
If you close SNOW BRANCH LIBRARY or ESPER BRANCH LIBRARY, it will say a LOT about your caliber!
Please, close the Health Department, the Golf Course or Camp Dearborn before you destroy the institutions that offer social capital to our city.
How can you sleep at night?
Your mother should be ashamed of you!
April 30th, 2011 at 7:28 pm
Beatrice – email or call all the council members and attend the budget meetings that will be open to the taxpayers. Remember its not a done deal until the council approves the budget.
May 2nd, 2011 at 2:14 pm
Does anyone really think the whole flap would have occurred if Terry Jones had said he wanted to attack the Buddists or even Catholics. I think not.
May 3rd, 2011 at 6:26 am
CLOE said it all on April 26. Exactly my sentiments. The city handled this ALL wrong.
May 3rd, 2011 at 2:16 pm
It is very apparent that Mr. Jones came to Dearborn for more publicity, in an attempt to gather donations from across the country. In that, I agree with Mayor O’Reilly. What is frustrating, though, is two things: first, ‘Barr’ and ‘Cloe’ are correct in saying that it was the city and county and judicial overreaction that provided the very publicity that Jones sought. Second, in overreacting, our law and legal system showed that Jones is right when he says that sharia law is taking hold in this area. The Mayor would have you believe that sharia law doesn’t exist here because we still sell liquor and have adult entertainment. Well, growing sharia law is what causes our city leaders to prevent Christian people from making public statements in front of mosques. And these city leaders just won’t see the truth in front of their eyes.