Borough of Flemington v. Flisser
Flemington Municipal Court/Direct
Fernando Pinguelo, Richard Norris/Norris McLaughlin & Morris
On March 20, 2007, a NJ Superior Court judge dismissed charges against Bob Flisser, who was arrested for holding a vigil for fallen Iraqi soldiers without a permit, even though he had informed police of his planned event. The Borough of Flemington, citing fiscal concerns and uncertainty regarding the outcome, decided not to continue the case, even though Flemington Municipal Court Judge John Petronko Jr. had ruled Flisser guilty in November 2006. The ACLU-NJ contended the borough's "parade" permit ordinance is too broad, makes no accommodation for spontaneous speech, and fails to provide guidelines for how to apply permitted waivers of the guidelines. The court did not reach the merits of those challenges to the ordinance.
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