Elmira artist and activist Julian Raven, who is already suing the city over elimination of one of the public comment opportunities at City Council meetings, is now challenging the legality of the upcoming Pride Festival, claiming it violates the city’s own ordinances.
The festival is scheduled for 11 a.m. to 4 p.m. Saturday, June 6 at Wisner Park, and is sponsored by Park Church.
A major feature of the festival is a drag show, and Raven claims that violates city zoning laws that restrict sexually-oriented businesses and adult-use activities in public parks and other locations.
Raven filed a lawsuit in state Supreme Court in Chemung County, seeking emergency judicial review of the city’s permitting and code review process for the Pride Festival.
Raven said the lawsuit isn’t about targeting viewpoints or First Amendment free expression, but is a matter of law.
“If Elmira has laws restricting sexually-oriented businesses away from schools, parks, churches, daycare centers, and residential areas, then government must explain how those laws are interpreted, when they apply, and whether they are being applied consistently,” Raven said.
State Supreme Court Justice Christopher Baker denied Raven’s motion for an immediate injunction but set a hearing for 9:30 a.m. Tuesday, June 2 to hear from the parties.
Elmira Mayor Dan Mandell said this is the fourth year the city has hosted the Pride Festival and there have been no problems or complaints until now.
Mandell said the festival doesn’t violate any city codes and called Raven’s lawsuit “ludicrous.”
Raven pointed out his legal action isn’t seeking any monetary damages, but rather equal enforcement and an explanation of how the festival was approved.
“I am asking government to show its work,” he said. “The larger principle is whether laws are executed consistently. Government credibility depends upon equal application of law. If government creates exceptions, government should explain them openly and lawfully.”
READ THE FULL LAWSUIT DOCUMENT HERE:
This article originally appeared on Elmira Star-Gazette: Elmira man sues city over Pride Festival. Court sets date for hearing
Reporting by Jeff Murray, Elmira Star-Gazette / Elmira Star-Gazette
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