Tuesday August 14 1:34 PM ET
RAPID CITY, S.D. (Reuters) - A gay and lesbian group is suing South Dakota, charging the state is refusing to let it participate in a highway litter clean-up program because it will not post a sign recognizing the organization's effort as it does other groups, an attorney said on Tuesday.
The Sioux Empire Gay and Lesbian Coalition alleges in its suit, filed in federal court in Rapid City on Monday, the South Dakota Department of Transportation is denying coalition members their First Amendment rights to free speech by refusing to allow them recognition for participation in the state's Adopt-A-Highway litter pick-up program.
The coalition claims it initially was told it could take part in the community service program and was designated a two-mile stretch of road west of Sioux Falls to clean up. But the state refused to erect a sign proclaiming the coalition's participation as it has done with other Adopt-A-Highway participants, said the coalition's attorney Mike Abourezk.
``They have never said they couldn't go pick up the trash, they just don't want to publicly acknowledge them or give them a sign,'' Abourezk said. ``But everybody else gets a sign.''
Transportation officials stated that they would not provide a sign because the coalition was an advocacy group. Yet other organizations, including churches, political parties and an animal rights advocacy group all participate and have had signs posted in their names, Abourezk said.
``It's a bogus excuse. It's about as transparent as you can imagine,'' he said.
South Dakota Republican Gov. William Janklow has threatened to kill the program rather than grant the gay and lesbian coalition's request for a sign.
His spokesman did not return phone calls on Tuesday morning seeking comment.
In a news release issued on Aug. 9, Janklow said he would review the details of the coalition's request and the transportation department's position and make a decision regarding the program this week.
The lawsuit in South Dakota comes on the heels of a similar case in Missouri involving the Ku Klux Klan. Missouri denied the Klan's request to participate in the Adopt-A-Highway program there, citing the group's racist beliefs and history of violence and discrimination.
The Klan successfully challenged the state's denial in court, saying the state was violating the group's constitutional rights. Missouri was forced to designate a mile-long stretch to the Klan in late 1999, and the U.S. Supreme Court rejected Missouri's appeal this March.
� 1997
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