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Veteran kicked off Monument fights protest rules

Updated: Tuesday, 02 Oct 2012, 7:26 PM EDT
Published : Tuesday, 02 Oct 2012, 11:17 AM EDT

INDIANAPOLIS (WISH) - Eric Smith traveled to the steps of Soldiers and Sailors Monument in July to protest opposition to the United Nations Arms Trade Treaty. The trade would regulate international trade in conventional weapons.

On that day, Smith stood in opposition with his 10-year-old son. State Police officers were also there and they asked Smith to leave the grounds of the monument. Smith did not have a state permit required to protest that day.

Since that encounter, Smith has decided to fight back. The military veteran filed a lawsuit against the state of Indiana in federal court for violating his First Amendment rights.

Smith says he’s not just filing the lawsuit because he feels violated.

“ The goal of the suit is not to appease me but to get the policy changed for anybody and everybody that wants to be able to protest. ”

The American Civil Liberties Union is not only backing Smith’s decision to file a suit, but the union is representing him.

“Our Client was not endangering others or committing unlawful actions, but attempted to use this highly visible public gathering space to express his views,” said ACLU Legal Director Ken Falk.

The suit is disputing the commission’s requirement of having a permit even for small numbers of people engage in a protest on state property.

Smith has agreed to an interview with 24-Hour-News 8 on Tuesday afternoon. Watch WISH-TV at 5 p.m. for more on the case.
 

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