Turner man appeals civil rights injunction at high court
An
Champagne is also prohibited from damaging or trespassing on Groleau's property, harassing, intimidating or speaking to him or coming within 150 feet of Groleau, his home or where he works.
If Champagne were to violate that order, he could be charged with a Class D crime, punishable by up to 364 days in jail and a maximum fine of
The injunction stems from a case in which Champagne targeted Groleau on the night of
The Maine Supreme Judicial Court listened to arguments by
Groleau, who was 61, had pulled his vehicle into the parking lot at about
Champagne followed Groleau from the lot.
Groleau called 911 on his cellphone to report the incident. During the call, Champagne's
Then Champagne sped off.
Groleau, who was unhurt, pulled over at a car dealership and waited for police. He gave police the first four numbers of the
Authorities later found Champagne and his
Police who drove Champagne to
In 2014, Champagne pleaded no contest to a felony charge of reckless conduct with a dangerous weapon and a misdemeanor charge of violating condition of release. He was sentenced to 18 months, with all of that time suspended except for two weeks in
He was ordered to pay
Hornblower argued before the high court on Tuesday that Champagne was motivated that night by his religious beliefs and not by any bias against any particular sexual orientation. For that reason, his statements and actions are protected by the First Amendment of the
Hornblower also argued that the prohibition imposed on Champagne was overly broad because it included other human characteristics in addition to sexual orientation.
Robbin said it's not unreasonable for the court to include in its injunction order other characteristics against someone who acted in bias against someone based on one of the protected characteristics. The order is reasonable because it requires that Champagne comply with the civil rights law and not use violence or threats of violence against people based on their characteristics that are protected in
Hornblower told the seven justices that Champagne is a "good man" who serves the young and old, male and female, able and disabled, black and white, foreign and native born as an automotive mechanic at a small garage in
Champagne committed an "inexcusable and life-changing series of mistakes during a time of religious fervor." At the boat launch, there was "illegal, lewd behavior going on that was of concern to the law enforcement community." Champagne had decided that one of the people there was "committing in public illicit acts that was an affront to children, family and to his religion."
Hornblower called his client a "diminished citizen" due to the constraints put on him by the court's order.
Justice
Hornblower said he demonstrated during a hearing on the injunction that Champagne doesn't harbor hostility against people with other characteristics protected under the Maine Civil Rights Act. The injunction places an additional onus on him as he serves a broad spectrum of clients at his business, fearing that any of them might use the injunction against him, Hornblower said.
Justice
Hornblower said he wished he had made that argument.
Robbins said Champagne only needs to worry about violating the terms of the injunction if he engages in violence or threats of violence against anyone with a characteristic protected under the Maine Civil Rights Act.
Worrying for any other reason is "just absurd," she said.
"It's only if
Justice
Robbin said she wouldn't characterize it that way. Instead, it's specifically described in terms of violating the Maine Civil Rights Act, she said. It says Champagne should comply with the civil rights law that he broke.
In response to Hornblower's argument that his client was exercising his First Amendment right under the
The high court took the arguments under advisement. It is not expected to issue a decision in the near future.
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