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Wednesday, April 10, 2002

By Torsten Ove, Post-Gazette Staff Writer

Correction/Clarification: (Published April 16, 2002) The Industrial Workers of the World organization is one of several groups that participated in protests against the Pirates at PNC Park on March 2 and March 13. In two stories last week, we identified four people arrested in the first of those protests as members of that organization. Not all of them are.

The American Civil Liberties Union sued the city and the Sports & Exhibition Authority yesterday on behalf of four protesters who were arrested at PNC Park after they distributed leaflets criticizing the Pittsburgh Pirates.

City police arrested the four March 2 inside the Pirate Gear Shop. Earlier, on the sidewalk outside, they had passed out fliers attacking the team for selling merchandise the protesters say is made in Third World sweat shops.

The four, all members of the Industrial Workers of the World activist organization, plan to pass out more fliers at Saturday's game. The ACLU has asked for an injunction against the city and the city-county sports authority to ensure that police won't arrest them again.

A hearing on the injunction is scheduled for Friday morning before U.S. District Judge Gary Lancaster.

It was unclear yesterday exactly why police arrested Kenneth Miller, Joel Woller, Michelle Gaffey and Kevin Mayle.

Witold Walczak, head of the Pittsburgh ACLU, said they were arrested because they refused to listen to warnings not to distribute the leaflets on the sidewalk, then went inside the shop to write down information about the origins of the merchandise sold there.

But city Solicitor Jacqueline Morrow said police reports indicate the four were arrested inside the shop because they refused to leave.

"If they're on the sidewalk, they won't be arrested," Morrow said.

Patty Paytas, spokeswoman for the Pirates, said the four were arrested for passing out the fliers inside the ballpark, not on public property.

"That's why they were charged with defiant trespass," she said.

But Walczak said the arrests represent another example of the Pirates trying to control speech. Last year, the team banned signs inside the stadium criticizing the club.

"That wasn't enough for them," he said. "Now they want to prevent people from criticizing them on public sidewalks. They just don't have the authority."

The Pirates are not named as defendants in the lawsuit.

Walczak said the arrests were especially troubling because stadium security and police allowed another person, standing in the same area, to continue distributing leaflets promoting an exhibit at the National Aviary.

"I don't think Allegheny County residents realized that when they bought the Pirates a stadium, they were also giving away their rights to free speech on the city's sidewalks," Walczak said.