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ACLU-NJ Ensures Bird Store Protest Can Take Flight

For Immediate Release
April 11, 2008

Burlington, NJ - The American Civil Liberties Union of New Jersey yesterday beat back a lawsuit from a Burlington bird store that sued three animal rights organizations in an effort to block them from gathering this Saturday, April 12, in front of the store. Bird Paradise also sued the City of Burlington, which had approved the gathering.

"We were surprised at the lengths Bird Paradise went to try to silence us," said Rachel Ogden, the founder of Reach Out for Animal Rights, one of the organizations protesting the store. "Fortunately, it won't be a silent spring, but springtime for the First Amendment."

Yesterday Bird Paradise agreed to have the case withdrawn or dismissed, and today the New Jersey Department of Transportation approved a permit for the demonstration. The gathering, to protest the practice of selling and keeping captive birds as pets, will take place as planned Saturday, from 2:30 to 4:30 p.m., in front of Bird Paradise on Route 130.

"The City makes the determination of whether to allow a demonstration, consistent with free speech policies," said ACLU-NJ Legal Director Ed Barocas, who represented Reach Out for Animal Rights, Mobilization for Animals and the New York Bird Club in the suit. "A company can't independently sue to squelch public speech simply because it doesn't like what people are saying."

The case was captioned Animals Etc., Inc. d/b/a Bird Paradise v. New York Bird Club, et al. The organizations will gather Saturday from 2:30 to 4:30 p.m. in front of the Bird Paradise store on 551 Route 130 South.

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