SCRANTON — A political activist alleges his First Amendment rights were violated by not being able to burn a Donald Trump flag at a protest in the Township of East Buffalo.
Gene Stilp filed a complaint Jan. 4 in the U.S. District Court for the Middle District of Pennsylvania against the Township of East Buffalo alleging first amendment violations.
According to his complaint, Stilp is a political activist who publicly protests political corruption and racial injustice which includes burning political flags. He alleges in his suit that he has often burned flags with images supporting the reelection of Donald Trump as well as "Trump-Nazi" flags and Trump flags with the Confederate flag on the other side.
He further alleges that on March 12, 2020, he burned the Trump flag in a steel trash can and was cited by an officer in Union County. Stilp claims he notified the East Buffalo Township in writing prior to his protest and was told he could not hold a protest per a burn ordinance - but was not given a copy of the ordinance or offered a permit process. He alleges the ordinance violates his First Amendment right to free speech and prevents him from publicly protesting and that the ordinance "must be narrowly tailored."
Stilp seeks monetary relief, trial by jury and all other just relief. He is represented by Joel Ready of The Cornerstone Law Firm LLC in Blandon.
U.S. District Court for the Middle District of Pennsylvania case number 4:22-CV-00012-MWB