[ACLU-CU ALERT] ACLU-IL challenges unconstitutional law with C-U case

[Champaign County ACLU Announcements]

*Press Release*

*Urbana man challenges Illinois’ outdated*

*and unconstitutional flag desecration law*

For immediate release

January 12, 2017

Contact –          Edwin C. Yohnka, ACLU of Illinois

                        Cell – 847.687.1129 <(847)%20687-1129>

                        eyohnka at aclu-il.org



URBANA – A 22-year-old Urbana resident, unlawfully arrested and jailed for
burning an American flag last July 4th, filed a federal lawsuit yesterday
seeking to have Illinois’ outdated flag desecration law declared
unconstitutional. Bryton Mellott was arrested and detained for five hours
in July 2016 after he burned a flag to express his concern about racial
discrimination and other injustices. Photos of the event were posted to Mr.
Mellott’s personal Facebook page. Mr. Mellott was arrested and held even
though the Supreme Court of the United States has recognized flag
desecration as protected speech since 1989 (Texas v. Johnson).



“I hold the opinion that open dissent is the highest form of American
patriotism;” Mr. Mellott said in prepared remarks announcing the lawsuit.
“It was a frightening display of irony that on the Fourth of July, I should
be taken from my workplace to sit in a county jail for exercising this
liberty.”



Mr. Mellott decided in June of 2016 to make a bold statement on public
issues. He purchased a flag, waited for a rainy day and found a location
that was secluded. Shortly after 8:00 p.m. on July 3rd of 2016, Mr. Mellott
went to the backyard of a friend’s home where he burned the flag while a
friend took photographs. Mr. Mellott went inside and posted the pictures
with a statement to Facebook.



Throughout the evening, Mr. Mellott’s post continued to get comments and be
shared by others. Mr. Mellott tried to calm others when the conversation
became unruly, reminding people to be civil and considerate when
disagreeing with others.  By the early morning hours of July 4th, when Mr.
Mellott awoke to go to work, he was surprised to see approximately 200
comments.



An Urbana police officer telephoned Mr. Mellott at work and asked if he had
burned a flag and posted the picture. Surprised by the police’s interest,
Mr. Mellott explained that he had burned the flag and posted the pictures
in peaceful protest against a number of social ills.



The Urbana police officer asked Mr. Mellott to take down the post, which
Mr. Mellott refused to do. The call ended and Mr. Mellott went back to
work.



Approximately 30 minutes later, two Urbana police officers appeared at Mr.
Mellott’s workplace, read him his rights and arrested him. He was escorted
out of the retail establishment in handcuffs, in full view of his
co-workers and customers. Mr. Mellott was taken to the Champaign County
Jail and held for about 5 hours in a cell with 10 other persons. Police
would later suggest that he was detained in order to ensure his own
personal safety.



“There simply was no justification for Bryton to be arrested for his
political statement,” said Rebecca Glenberg, ACLU of Illinois senior staff
attorney. “If police were concerned about Bryton’s safety, they should have
taken action against whomever they thought was compromising his safety, not
against the person engaged in constitutionally protected speech.”



“We are asking the court to strike down the Illinois law to ensure that law
enforcement in Urbana and across Illinois know that this statute cannot be
enforced.” added Glenberg.





Approximately five hours after the detention began, Mr. Mellott was
released, and charges against him were dropped.



The lawsuit today was filed in federal district court.  Mr. Mellott is
represented by Rebecca Glenberg and Bharathi Pillai of the ACLU of Illinois
and by Everett Cygal of the Chicago office of Schiff Hardin.



#  #  #



*Edwin C. Yohnka*

Pronouns: he/him/his

*Director of Communications and Public Policy*

*American Civil LIberties Union of Illinois*

*312.201.9740, ext. 305 <(312)%20201-9740>*

*eyohnka at aclu-il.org <eyohnka at aclu-il.org>*
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