Appeals court orders reconsideration in Chief Wahoo protest case

A federal appeals court on Wednesday reversed a lower court's ruling that protesters were not allowed to picket on a sidewalk outside a Cleveland sports complex. Activists wanted to picket outside the Cleveland Indians' home opener in April 2000 to protest the team's use of the mascot Chief Wahoo, which they said is racist and offensive to American Indians. Protesters from the United Church of Christ wanted to protest in areas at the Gateway Sports Complex, which includes the Indians' Jacobs Field and the Cleveland Cavaliers' Gund Arena. U.S. District Judge Kathleen O'Malley sided with the complex's owner, saying the sidewalk and the areas within the complex were private property and off-limits to the protesters. But the 6th U.S. Circuit Court of Appeals said the complex's sidewalk blends into the city's public sidewalks and is a public thoroughfare. A three-judge panel ordered the case sent back to O'Malley to determine whether restrictions on use of the complex's sidewalk would comply with standards for use of public areas. [more ]