HARRISBURG, Pa. — A federal court has ordered Dauphin County to reverse its policy of banning political expression in public parks and pay $91,000, after kicking two men out of Fort Henry Park for passing out ballot petitions last June.
According to Kevin Gaughen, he was trying to help get Dave Kocur on the general election ballot, as a member of the upstart Keystone Party. He said they were approached by the director of Parks and Recreation and asked to leave.
“At the time, she was flanked by security guards and the implication was clear that if we didn’t get out, we would be arrested," said Gaughen, a former board member of the Keystone Party. "So, Dave and I left the park under protest.”
Conor Fitzpatrick with the Foundation for Individual Rights and Expression took on Dave and Kevin’s case and sued Dauphin County. According to Fitzpatrick, the county initially doubled down on the decision to kick the two men out of the park.
“We were stunned," said Fitzpatrick. "The law establishing the right to engage in First Amendment activity in public parks is so well settled and it’s been around for so long.”
On Wednesday, Federal Judge Christopher Connor said Dauphin County's policy banning political expression at the park was unconstitutional. In a statement to FOX43, Dauphin County said it settled the lawsuit with Gaughen and Kocur and agreed to a court order to lift its ban on political expression in public parks.
The county will also pay $91,000.
“This all could have been done for free, had Dauphin County done the right thing last year when we sent our letter," said Fitzpatrick. "They wouldn’t have had to pay anything.”
Gaughen says today’s announcement is not only a win for political candidates of all stripes but also for Dauphin County.
“There could’ve been a precedent that would develop, where local government could use deed restrictions to circumvent the Constitution," said Gaughen. "We felt we had to step in and had to do something about it before it got out of control.”