ACLU files suit against Tippecanoe Co. on behalf of cannabis legalization group
TIPPECANOE COUNTY, Ind. (WLFI) – The American Civil Liberties Union of Indiana filed suit against Tippecanoe County Thursday on behalf of a marijuana legalization group.
The advocate group, Higher Society of Indiana, Inc., rallies the state for the legalization of marijuana. In May, the group held a rally on the Tippecanoe County Courthouse grounds due to a miscommunication, county officials said. One week later, Tippecanoe County commissioners stated the rally was against “county policy.”
The ACLU said the group has been denied permission to hold future rallies on courthouse property. The lawsuit claims this is a violation of the group’s First Amendment rights.
County policy states you are not supposed to have displays or events on the courthouse grounds unless they are first approved by the county. If you want to host an event, you have to get sponsorship from one of the commissioners.
But the ACLU claims the commissioners are following a “closed forum” policy, which they said allows county commissioners to pick and choose their “favored groups” only to have access. They said the Tippecanoe County Courthouse has been the site of a number of events from annual art fairs to other advocate rallies and marches, like Planned Parenthood and Mothers Against Gun Violence.
ACLU of Indiana Legal Director Ken Falk said this lawsuit seeks to stop enforcement of that policy.
“The First Amendment simply denies government the power to pick and choose which groups it allows to gather on public property,” Falk stated in a release. “You cannot suppress some speech without putting all speech at risk.”
David Phipps, co-executive director of Higher Society of Indiana, said he was saddened to hear of the rule put in place by Tippecanoe County. He said “commissioner sponsorship” is a direct violation of the U.S. Constitution.
“The only thing this rule accomplishes is the censorship of the American people. It prevents any group the county does not approve of from speaking out and practicing their right to assemble,” Phipps said. “That being said, our organization still has faith that justice will prevail. Not just for this organization, but for every Hoosier that wishes to freely practice the rights given to us all.”