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Apr. 13.

2010

3:11PM

No. 1838

P. 2/9

UNITED STATES DISTRICT COURT EASTER}.) DISTRICT OF MISSOURl
EASTERN DIVISION FRANK ANCONA, Plaintiff,

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v. MARK. N, TEMPLETON, in his official capacity as Director of the Missouri Department of Natural Resources, WILLIAM J. BRYAN, in his official capacity as Director of the Division of State Parks, Missouri Department of Natural Resources, DELECIA B. HUITf, in her official capacity as Field Operations Supervisor, Southern Missouri Historic District, Division of State Parks, Missouri Department of Natural Resources, and )

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) ) ) ) ) ) ) ) ) ) ) ) ) ) ) VERIFIED COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF'

WALTER E. BUSCH, in his official capacity as
Site Administrator, Fort Davidson State Historic Site, Defendants.

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INTRODUCTION 1. Plaintiff is the Imperial Wizard of the Traditionalist American Knights of the Ku are state employees who, acting in their official capacities, have refused use of the picnic pavilion at Fort Davidson Historical Site on April viewpoint and fear he will spread

Klux Klan. Defendants

Plaintiff and his organization

17, 2010, because Defendants disagree with Plaintiff's "historically inaccurate" information.

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that is enjoined by other members of the public and their organizations. Mo.S. Plaintiff Frank Ancona is a resident of Missouri. Defendants restraining This action seeks entry of a declaratory judgment finding that the refusal of as well as a temporary Defendants from to permit Plaintiff to rent the pavilions is unconstitutional order and preliminary and permanent injunctions prohibiting denying Plaintiff the ability to rent and use the large pavilion on April 17.C. County. a gathering protected by the First and Fourteenth Amendments.1343.C. Unless Defendants and their agents are enjoined fiom continuing to discriminate against Plaintiff because of his view of history. § 2 . he will be irreparably harmed by being prevented from peacefully gathering with other like-minded individuals in a public park for the purpose of discussing issues of public concern.n 2010 3:11PM No.07(A)(1). 1838 P 3/9 2. Defendant Mark N. § 1391 (b)(2) and E. JlJRISDICTION 4. LR. 2.2201 and 42 U.Apr. Templeton is the director of the Missouri Department of He is the Imperial Wizard of the Venue is proper in this Court pursuant to 28 U. 3. under 28 US.D. 1983. As a result of Defendants' viewpoint discrimination. American Knights of the Ku Klux Klan. Missouri. 2010 and at similar events thereafter. Traditionalist 7. namely the right to rent the large pavilion for the day for thirty dollars. Plaintiff will be denied the same opportunity to utilize the picnic area of a state park. PARTIES 6. 5.S. A substantial portion of the events giving rise to this action occurred in Iron Tins Court has jurisdiction AND VENUE §§ 1331.c.

have denied Plaintiff's request to rent the large pavilion at Fort Davidson Historic Site for a picnic on April l Z. Site.2010. Division of State Parks." http://mostateparks. Defendant Delecia B. He is sued in his official capacity.13. Huitt is the Field Operations Supervisor. There are three open shelters and while all are largely ADA accessible. the activities he proposes "are inconsistent with th[e] historical mission and purpose of the site. 2010 3:11PM No. The large shelter can be reserved for $35 a day and is regularly rented to outside organizations based on their oral request over the telephone. Defendants. He is sued in his official capacity. according to Defendants. The seventy-seven acre park was the scene of the 1864 Battle of Pilot Knob. Southern Missouri She is Historic District. 10. Defendant William 1. Bryan is the Director of the Division of State Parks for the Missouri Department of Natural Resources. 3 . S.Apr. 12. 2010). Walter E. The park has three sheltered areas that are rented to individuals and organizations. 2010. sued in her official capacity. as revised on March 11." 13. 9. I From the beginning when Plaintiff made his oral request to rent the large shelter The Department of Natural Resources website.vidsonJmi1tGb~ (last visited April 13. states: "The picnic and playground area near the visitor center is nestled in a 19608 reforestation pinery. acting in their official capacities on behalf of the Missouri Department of Natural Resources. The large shelter can be reserved for $35 a day by calling 573-546-3454.com/ftda. one is maintained as such. 14. 4/9 Natural Resources. Missouri Department of Natural Resources. 1838 p. Water and electric are available at Or near each site and modern restrooms are nearby as well. Plaintiff is denied use of the picnic facilities because. Busch is the Site Administrator for the Fort Davidson State Historic FACTUAL ALLEGATIONS 11.

Rather than simply checking for availability on the calendar.] therefore we are interested in preserving the memory of those who died in the Civil War and having the Flag that 60. 1838 P. We only want to draw attention to the plight of our heritage. She construed 4 .2010). pavilion and hang their organizational 18. 17. The prizes would be a miniature Confederate Battle Flag. Plaiutiifwas organizations required to submit a written request outlining his plans. and our MIOAK Flag on the pavilion. We would like to place our banner in front of the pavilion while we are there and hang U. 201 0 3 : 12 PM No. 16. Plaintiff's request has been treated differently. We may also have some games and prizes (bean bag toss. We would just be barbequing for ourselves. Flag. Confederate Battle Flag. Plaintiff addressed his written request to Defendant Fort Davidson State Historic Site. 1 3. 5/9 (which occurred on or about March 5. Other are not required to make written requests to use the large shelter if nothing will be sold to the public. Site Plaintiff and other members of his organization take issue with the Department of decision in or about 2003 to stop flying the Confederate flag at Fort Davidson Natural Resources' and another site. are regularly permitted to rent the large banner on the pavilion during their use. Some of our members may be robed for historical and educational purposes.Apr. Walter Busch. Other organizations. 15. The first Imperial Wizard of the Ku Klux Klan was Nathan Bedford Forrest[.2010. We would also like to have a flier pertaining to the history of the Confederate Battle Flag at Fort Davidson and the reason it was taken down On a table for the public to take if interested. including churches.S. Administrator.000 or more Missourians served under be represented here. Defendant Delecia Huitt responded in writing on March 15. not serving food to the public. We are not there to intimidate anyone or any group of people. He indicated: The Traditionalist American Knights of the Ku Klux Klan would like to rent the big pavilion at your facility and hold a small informal event there.] a Confederate General[. duck pond) for kids. as is done for other groups seeking to use a pavilion.

P including by making available to the public "a flier pertaining to the history of the Confederate BAttle Flag at Fort Davidson . not the Confederate Battle Flag referenced and depicted on the flier. through counsel. as described in the written request. is intended to present historical inaccuracies regarding the Fort Davidson State Historic Site.. 1838 p. information 5 I ." General counsel stated: Mr. 2nd and yd National flags and the Missouri Confederate Flags. Most. Ancona's written request indicates that the purpose of the proposed event is to preserve the memory of those who died in the Civil War by "having the Flag that 60. Similarly. General counsel responded by explaining Plaintiff's proposed event is inconsistent with the mission of the park because "the public event. of the Missouri members offue Rebel army fought under the 1st.000 Missouri members of the Rebel ann)'. However. 20. " However. 6/9 Plaintiff's request to rent the pavilion as a "request for a Special Event Activity Permit to hold a special event]. In addition. the written request and the flier both claim that the Confederate Battle Flag was removed at Fort Davidson. Plaintiff. the Confederate Battle ~lag referenced in the request and depicted on the flier is the unit flag of the Army of North em Virginia." These and other historical inaccuracies render the proposed public event inconsistent with the historical mission and purpose of the Fort Davidson State Historic Site as set forth in the approved Fort Davidson State Historic Site General Management Plan. the Confederate Battle Flag was never flown at Fort Davidson. The purpose of the Fort Davidson State Historic Site and the mission of DSP in maintaining the site is the preservation and accurate presentation of the site's history. served as a symbol for an estimated 60...]" She then denied the permit on the basis that "the activities you have proposed are inconsistent with the historical mission and purpose of the site. instead.000 or more Missourians served under be represented . the flier also claims that the "Confederate flag .Apr 13." 19. ... it was the 2nd National Flag that was being flown. contacted Defendant Mark Templeton to ask for reconsideration of the decision or to discover what agreement could be reached on what picnic activities Plaintiff could conduct. ifnot all. As such. 2010 3:12PM ~~o..

26. The Friends of Fort Davidson Historic of Natural Resources to conduct the 2010 re-enactment for Site contracted with the Department which they requested wine and beer vendors on-site. 2010.Apr. 25. that Plaintiff's event logistical problems. The refusal to allow Plaintiff to have his picnic as proposed on April 17. Several other groups have been allowed to U8e the site for group activities that require interaction with the public. have purchased perishable foodstuffs and other items for the and taken off of work. be accmate. re-alleges. is a 6 I I . Some members have made travel arrangements -. and incorporates by reference the allegations in the foregoing paragraphs of this Complaint as fully set forth herein. 21. Plaintiff made cleat that the gathering was for members of his and the fliers would be on hand only to provide to members of the public who organization approached the pavilion with questions. For instance. at a minimum. 1838 P. Plaintiff and other members of his organization have made arrangements to gather together on April 17. 22. 7/9 presented to the public by any outside group at the site must. It suggested that the public was invited to the To the contrary. for the first time. would produce burdensome picnic. 23. Defendants' refusal to allow Plaintiff and his organization to rent and use the disagree with the pavilion at Fort Davidson Historical Site is for the reason that Defendants historical viewpoint espoused by Plaintiff and members of his organization. 201 O~hey picnic. H 20 0 3: 12PM No. CODNTl First Amendment 24. (emphasis added). General Counsel's letter also suggested. Plaintiff repeats. the Arcadia Valley Chamber of Commerce held a fireworks celebration at which the Arcadia Valley Project Graduation 2010 had a booth selling various concessions in order to raise funds for the group.

issue a temporary restraining order and preliminary and permanent injunctions. Louis. pursuant to 42 U. Enter declaratory judgment finding Defendants' actions and omission to be unconstitutional. viewpoint-based. ROTHERT. or both a content-and-viewpoint-based restriction on speech and the freedom to peacefully assemble. and D. AMERICAN CIVIL LIBERTIES UNfON OF EASTER1"J MISSOURI Is! Anthony E. Bar # # 518779 American Civil Liberties Union of Eastern Missouri 454 Whittier Street St.C. §1988. C.S. 1838 P 8/9 content-based. the Plaintiff prays this Court: A. Award Plaintiff costs. Mo. including reasonable attorneys fees. Respectfully submitted. Allow such other and further relief to which Plaintiff may be entitled. Missouri 63108 (314) 652"3114 FAX (314)652-3112 ATTORNEYS FOR PLAINTIFF 7 I . Upon proper motion. Rothert ANTHONY E. WHEREFORE. B.Apr 13 2010 3' 13 PM No.