WICHITA — A federal judge ruled Tuesday that the Kansas State Fair can require an animal-rights group to shield people walking by its booth from easily seeing images depicting animal slaughter.
The Associated Press
U.S. District Judge J. Thomas Marten rejected a request from People for the Ethical Treatment of Animals to block the restrictions on its booth for the fair, which starts Friday. The judge determined the fair is a limited public forum, because exhibitors have to apply for a booth and pay a fee unlike a public square, for example, where anybody has the right to protest or speak.
PETA plans to show a 13-minute video, Glass Walls, which depicts animals being slaughtered and instances of abuse at factory farms. It filed a lawsuit last week asking the court to immediately block the fairs requirements that it shield people from the video.
In rejecting the groups request for that restraining order, Marten said restrictions imposed by fair officials were minimal and did not constitute any significant infringement on PETAs free speech rights. However, Marten declined to dismiss PETAs lawsuit, as the state had requested.
Marten noted fair officials are not preventing PETA from showing its undercover video. Instead, he said, this could be as simple as turning a TV screen away from the public flow down the aisle.
It is simply a matter of whether you can have it shoved in your face, or whether you take a step or two in another direction, Marten said.
The judge was clearly uncomfortable with his ruling, telling lawyers at a hearing that it ran counter to his own personal feelings and saying that he would not have a problem taking his own children by the video. But he said he believed the fair board acted responsibly. He invited PETA to appeal to the 10th Circuit for an immediate ruling that would provide more guidance.
It is unclear whether PETA intends to further pursue the issue. PETAs attorney, Bill Raney, said following the hearing that no decision had been made yet about whether to appeal the judges ruling or even whether to proceed with the lawsuit, which names the Kansas Fair Board, the state and the fairs general manager, Denny Stoecklein, as defendants.
We are disappointed, Raney said. We think the fair is a designated public forum.
PETA later issued a statement saying it was considering an appeal.