Jerry FALWELL, as Pastor of Thomas Road Baptist Church, and the Trustees of Thomas Road Baptist Church, Plaintiffs,
v.
CITY OF LYNCHBURG, VIRGINIA; Jerry Kilgore, in his official capacity as Attorney General of Virginia; Clinton Miller, in his official capacity as Chairman of the State Corporation Commission; Larry B. Palmer, in his official capacity as Clerk of the Court for the 24th Judicial Circuit; Honorable M.G. Perrow, III, in his official capacity as Chief Judge of the 24th Judicial Circuit; and William Petty, in his official capacity as Commonwealth Attorney for the City of Lynchburg, Defendants.
United States District Court, W.D. Virginia, Lynchburg Division.https://leagle.com/images/logo.png
February 8, 2002.
February 8, 2002.
Attorney(s) appearing for the Case
Jerry Falwell, Jr., Lynchburg, VA, Mathew D. Staver, Joel L. Oster, Erik W. Stanley, Longwood, FL, for plaintiffs.
Walter C. Erwin, III, Lynchburg, VA, William Henry Hurd, Office of Atty. Gen. Richmond, VA, Alexander Wayne Bell, Mary V. Barney, Law office of Alexander W. Bell, Lynchburg, VA, for City of Lynchburg, defendant.
William Henry Hurd, Office of Atty. Gen., Richmond, VA, for Randolph A. Beales, Jerry W. Kilgore, defendants.
Rebecca K. Glenberg, ACLU of Virginia, Richmond, VA, for American civil Liberties Union of Virginia, Inc., amicus.
H. Robert Showers, Greber, Simms & Showers Leesburg, VA, Stuart J. Lark, Gregory S. Baylor, Christian Legal Society, Annandale, VA, for Southern Baptist Conservatives of Virginia, Christian Legal Society, amicus.
Guy Winston Horsley, Jr., Office of Atty. Gen., Richmond, VA, Philip R. de Haas, State Corp. Com'n, Richmond, VA, for Clinton Miller, defendant.
William F. Etherington, Beale, Balfour, Davidson & Etherington, P.C., Richmond, VA, for Larry B. Palmer, defendant.
Elaine Scott Moore, Office of Atty. Gen., Richmond, VA, for M.G. Perrow, defendant.
Edward Meade Macon, Office of Atty. Gen., Richmond, VA, for William Petty, defendant.
United States District Court, W.D. Virginia, Lynchburg Division.
OPINION
MOON, District Judge.
I. INTRODUCTION
In this case, Rev. Jerry Falwell and the Trustees of Thomas Road Baptist Church raise significant First Amendment concerns about certain Virginia laws, the histories of which trace their roots to the founding of the republic and the pen of Thomas Jefferson. In response, some Defendants assert the doctrine of sovereign immunity which, though a less noted...
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