Lawyer sent to jail for refusing to remove a Black Lives Matter button sues
An Ohio lawyer was recently sentenced to five days in jail because she refused to remove a Black Lives Matter button in court. Andrea Burton of Youngstown has since filed a federal lawsuit claiming that her right to free speech was violated in the incident.
Burton is specifically suing Youngstown Municipal Court Judge Robert Milich, since he was the one that cited her for contempt of court over her refusal to take off the button.
In the new suit, Burton also claims that her 14th amendment rights of due process and equal protection under the law were violated.
The judge, who is white, cited Burton, who is black, because of a US Supreme Court decision that banned political buttons in the courtroom.
Burton has agreed to follow the dress code pending an appeal of the judges’ decision and the jail order has been stayed.
Judge Milich is not the only person the lawyer is suing however. She is also suing the city of Youngstown as well as a colleague of Milich, fellow judge Elizabeth Kolby.
Burton was first asked to take the button off in chambers, and she refused. She was asked to remove it again in open court, and she refused.
“He indicated to me he didn’t know if I was trying to seek attention from the news or whatever the case was, but that legally I wasn’t allowed to wear it and I deferred and said that I’m respecting my First Amendment right,” she states.
“That I’m not neutral in injustice, and to remain neutral becomes an accomplice to oppression.”
In his defense, Milich said his decision had nothing to do with his feelings about the Black Lives Matter movement.
“A judge doesn’t support either side,” he said. “A judge is objective and tries to make sure everyone has an opportunity to have a fair hearing, and it was a situation where it was just in violation of the law.
“There’s a difference between a flag, a pin from your church or the Eagles and have a pin that’s on a political issue.”
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