Clean air group OK’d to march in fair parade

Members of a local environmental group will be permitted to march in this year's Labor Day weekend parade, their attorney said this week, but a lawsuit against the Washington County Fair Board will still go forward.

Members of Neighbors for Clean Air claimed they were unconstitutionally prohibited from participating in last year's parade. Two of the members, Florence Beidler, of 105 Nolan Circle, Marietta, and Ellyn Burnes, of Athens, filed a lawsuit earlier this year in U.S. District Court in Columbus, seeking injunctive relief and restitution.

Daniel Kobil, who is representing Beidler and Burnes, said the recent decision by the fair board to allow the group to march has not affected the suit.

"We are glad they will be able to exercise their constitutional rights, but as far as the remainder of the lawsuit goes, it is proceeding and a final resolution will depend on continued discussions with counsel for the fair board," Kobil said.

No hearing date has been set for the matter in district court. A specific hearing had been set to address whether or not to allow the group to march this year, but that was canceled by the board's recent vote, Kobil said.

"We're now seeking a permanent injunction so the fair board doesn't go back to doing this down the road," Kobil said.

The suit alleges the fair board and its president, Steve Tornes, blocked group members from their right to free expression.

The group had planned to march in the annual fair parade and distribute information about emissions from Eramet Marietta, a local manganese refinery. The company was a sponsor of the fair and Tornes' employer.

In comments to The Marietta Times last year, a Neighbors for Clean Air member said the group was notified the night before the parade that a complaint had been made about their participation and the fair board had voted not to allow them in the parade.

The fair board has no registration fee or process for the parade.

Tornes said he was not permitted to comment on the matter and referred all questions to the board's attorney, Paul La Fayette, of Columbus.

La Fayette said the fair board did recently vote to allow Neighbors for Clean Air to march in this year's parade.

"The fair board did agree to go ahead and let them participate this year, but as far as the rest of the suit, it is separate and apart from that issue," La Fayette said.

Beidler and Burnes could not be reached for comment Monday.

The suit alleges Beidler, Burnes and other members of the group suffered loss of good will, damages to their reputations, monetary damages and were stigmatized in the community as a result of their exclusion from the parade.

The suit asks for a judge to prevent the fair board from excluding the group from future Labor Day parades or any other future parades or events the fair board oversees. It also seeks compensation for damages suffered, costs and attorneys' fees.