Feedback: Trailer Can Stay Put…For Now

A Gouverneur contractor, who put gospel messages on both sides of a parked storage trailer on his property, is allowed to keep the trailer - for now.

New York Department of Transportation officials demanded that Dan Burritt remove the trailer by June 15.

Attorneys for Dan Burritt have filed a federal lawsuit.

Until a decision is reached in the case, the DOT agreed that Burritt may keep the sign on his land along Route 11.

The following is a news release from the Alliance Defense Fund:

NYDOT agrees to delay confiscation of trailer displaying Gospel message

ADF attorneys file federal lawsuit on behalf of man cited for displaying Christian message on private business property

ALBANY , N.Y. - A gospel message displayed on private business property in Gouverneur will remain until a decision is reached in a lawsuit filed by Alliance Defense Fund attorneys.

New York Department of Transportation officials agreed to delay their plan to force Daniel Burritt to remove the tractor trailer bearing the message until 30 days after a decision is reached in the case.

“Christians shouldn’t be penalized for expressing their beliefs,” said ADF Legal Counsel Matt Bowman. “The right to display a personal message on private property, including a religious message, is protected under the First Amendment. In this case, NYDOT’s rules unconstitutionally require permits for such messages while not requiring permits for commercial messages,” explained ADF Legal Counsel Matt Bowman.

In 2007, ADF attorneys came to the defense of Burritt after he was cited by Gouverneur town officials for placing the trailer on his private business property, which is located on U.S. Route 11 (www.telladf.org/news/story.aspx?cid=4325).

ADF attorneys filed suit against NYDOT after it recently issued a warning to Burritt under rules requiring permits for non-commercial messages but not for similar commercial ones.

In a letter dated May 16, 2008, a NYDOT official demanded that Burritt either remove the trailer by June 15 or face forcible removal of the vehicle and legal action.

The letter stated that Burritt was in violation of state highway laws and required that he either correct the violations noted or face having his trailer classified as a “public nuisance” subject to removal.

On Wednesday, NYDOT agreed to a stipulation that will allow the trailer bearing the message to remain at its current location until a judge issues a ruling in the case (www.telladf.org/UserDocs/BurrittStipulation.pdf).

The stipulation eliminates the need for a temporary restraining order that ADF attorneys had requested but keeps in place a motion for preliminary injunction for the court’s consideration (www.telladf.org/UserDocs/BurrittMemorandum.pdf).

A hearing on Burritt’s preliminary injunction motion is scheduled for 10 a.m. Sept. 26 in Binghamton, N.Y., before United States District Judge Thomas J. McAvoy.

A copy of the complaint filed in Burritt v. New York Department of Transportation is available at www.telladf.org/UserDocs/BurrittNYDOTComplaint.pdf.

Share your thoughts. Use the form below to send your comment to Diane Rutherford for the Your Turn segment on 7 News. You must include your name, e-mail address and phone number for your comment to be considered. Your personal information will not be posted to the website - this form sends an e-mail. Your comment can be kept anonymous if you so request.