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Board sued over vote on gay issue

Joe Redner calls commissioners' ban of a gay pride display in a library unconstitutional.

By BRADY DENNIS
Published October 19, 2005

TAMPA - Activist and strip club owner Joe Redner on Tuesday sued Hillsborough County, saying a June 15 vote by county commissioners to abstain from acknowledging, promoting or participating in gay pride events is unconstitutional.

The suit also names six commissioners individually - Brian Blair, Ken Hagan, Jim Norman, Tom Scott, Mark Sharpe and Ronda Storms. Commissioner Kathy Castor, who voted against the measure and has spoken out against it, was not named.

Redner argues that the policy violates his First Amendment right under the U.S. Constitution to receive information at local libraries. He says the commissioners "imposed a ban on one particular group but not on any other groups" and their actions constitute a "prior restraint on protected speech" that fails to "further a compelling government interest."

Redner's complaint also argues that the policy violates due process and equal protection provided by the Constitution by singling out a group. Commissioners "have not targeted other groups or topics featured in library displays," the suit says.

Redner is asking the court to declare the policy unconstitutional, issue an injunction until a trial is scheduled and require the county to pay court costs.

"They should have known they were violating the Constitution," he said Tuesday. "My goal is to show them they are liable for doing that. . . . Someone has to call them on it."

County attorney Renee Lee said Tuesday afternoon the county had not yet received notice of the lawsuit, filed hours earlier.

"We're going to look at it," Lee said. "I will be really curious to see how the board's actions have impacted (Redner) more than any other member of the public, because I don't think it does. I want to look at the pleadings and see how he alleged standing to bring" such a case.

The June vote came about a week after the St. Petersburg Times noted that a book display recognizing Gay and Lesbian Pride Month was taken down at West Gate Regional Library after some patrons complained. The story mentioned a similar exhibit at John F. Germany Library in downtown Tampa.

Storms quickly made good on a promise to seek a county policy banning public library displays that promote gay events. The board passed the measure after scant discussion that contrasted with impassioned pleas from gay rights advocates.

The commission decided it can only repeal the policy on a 5-2 supermajority vote, following a public hearing.

Castor voted against both measures, saying "I think it's inappropriate for government to promote discrimination."

Later in June, a Tampa man filed a complaint with the city's Human Rights Board, saying the removal of a gay-themed book display from the John F. Germany Library - which is owned by the city but run by the county - violates the city's human rights ordinance. County library director Joe Stines ordered the removal after consulting with an assistant county attorney, a spokeswoman said.

Since the 1990s, the city has had a human rights ordinance prohibiting discrimination based on sexual orientation.

The commission's actions drew a scolding from Tampa Mayor Pam Iorio and inspired the city of Key West to invite gays and lesbians from the Hillsborough area to the island for a "Pride in Exile" festival in their honor.

[Last modified October 19, 2005, 00:29:13]