Terry Jones in Wayne County Circuit Court.Wayne County Circuit Court Judge Robert Ziolkowski vacated the “breach of peace” ruling against anti-Islam activists Terry Jones and Wayne Sapp on the grounds that they were denied due process.
In April, Jones and Sapp sought a permit to protest in front of Dearborn’s Islamic Center of America on Good Friday. The mosque, located just off of Ford Road, shares a service drive with four Christian churches and a senior apartment building. Dearborn officials denied Jones’ permit, saying any protest at that spot and at that time would create a traffic safety hazard.
When Jones vowed to protest in front of the mosque anyway, prosecutors sought and won a hearing to determine if Jones and Sapp were likely to breach the peace. A jury ruled by the preponderance of evidence that they were. The two men were ordered to pay a $1 “peace bond” and stay away from the mosque for a period of three years.
On appeal, Ziolkowski reversed that ruling. He said the jury should have been instructed to make their verdict based on a “beyond a reasonable doubt” standard instead of the lower preponderance criteria.
Wayne County Prosecutor Donn Fresard asked for and received a stay on the reversal, pending an appeal to the Michigan Court of Appeals.
Ziolkowski also threw out the order barring Jones and Sapp from visiting the mosque. While the judge said Dearborn’s desire to prevent any gathering, without regards to its content, at that location on that day was reasonable, he said banning the men for going to that site for a period of three years was “overly broad and restrictive.”
But Ziolkowski also ruled the breach of peace ordinance is constitutional, based on long established “
” speech restrictions. He also said the ordinance was properly applied in this case.
After the hearing Jones, who is planning an independent bid for the presidency, said he intends to apply for another permit to protest at the mosque.
“We will plan some type of demonstration,” said Jones. “We will take our time and look over the situation, but probably—possibly—sometime in spring.”
Jones said he will apply for a permit for that protest.