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July 7th, 2006 1:44 PM

Peace activist arrested after Ferndale protest

Signs that urged honking cited

By Gina Damron / Detroit Free Press

"Ferndale Cops Say: Don't Honk if You Want Bush Out."

That message, scrawled in permanent marker on a piece of poster board, got antiwar activist Victor Kittila arrested in Ferndale -- a move some say violated his First Amendment rights. But police say he was breaking the law.

Either way, he says that next Monday, he'll be back.

The Eastpointe resident is one of a handful of activists who meet for an hour weekly on Mondays at Woodward and 9 Mile to peacefully protest the war in Iraq. They had always carried signs urging motorists to "Honk for Peace."

But about three weeks ago, after receiving several complaints from motorists, Ferndale police asked the activists to stop encouraging drivers to honk their horns, which state laws say should be used only for necessary situations.

So, Kittila, 55, changed his message from "Honk if You Want Bush Out" to "Ferndale Cops Say: Don't Honk if You Want Bush Out."

"People still honked," said Kittila, who has been protesting at the site for two years. "The noise was deafening."

And Monday, the Police Department took action.

At about 6 p.m., after the protest, Kittila was walking to get ice cream with fellow activists, his wife and his 13-year-old daughter when an officer approached them. The officer was going to issue Kittila a ticket, but he resisted when the officer tried to take his sign, police said.

Kittila, who said the officer threatened to use a stun gun, was arrested for disorderly conduct and later released on a $500 bond, police said. He has not yet been formally charged.

Ferndale Police Chief Michael Kitchen did not return calls for comment Thursday. But Sgt. Casey O'Loughlin said there has been a steady stream of complaints about the activists since they started protesting about four years ago. He said the honking sometimes confuses drivers, who might think there is an approaching emergency.

Kittila isn't sure whether he'll make a new sign for next week's protest because he now recognizes that the city has a noise ordinance, which he may have been violating by encouraging motorists to honk.

He said his protests help raise awareness about what's going on in the world. "Why have a roadside protest if someone can't honk to show support?" he said.

"It's the whole purpose of it," he said, even though Michigan's vehicle code indicates otherwise.

The code says drivers, when it is reasonably necessary to ensure safety, should give audible warning with their horns, but should not otherwise use them when upon a highway.

Kittila's attorney, Deborah Choly, likened the protest signs to "Honk If You Love Jesus" bumper stickers.

"It clearly is a violation of rights, and there was no crime committed," she said. "This sign was used as part of a political protest. It does not violate any norms of decency. It didn't even violate the request that the police had made of this group not to encourage drivers to honk."

Ferndale City Manager Tom Barwin said that through the years the protesters have received support and even encouragement from local elected officials. He said that two large protests earlier this year -- one related to the war, the other about national health care issues -- that were held in that intersection may have prompted the Police Department to more stringently enforce the state law to protect drivers.

Kim Redigan, 48, an activist who was with Kittila when he was arrested, said she was shocked because Ferndale police had always been supportive. She said they'd often honk or flash peace signs as they drove past.

"We were so dumbfounded by this," said Redigan, a Dearborn Heights resident. "We were blindsided."

Barwin said officials in Ferndale -- which calls itself the city of peace -- would not violate someone's civil rights.

"People have the right of assembly," he said. "It's healthy."

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