Ind. War Protestor Asked for Insurance Proof to Continue Protests

A northern Indiana woman who stages weekly protests against the war in Iraq says county officials are infringing on free speech rights by asking her to show proof of insurance to continue her protests.

The Porter County Board of Commissioners last week asked Martha Seroczynski, who protests each Wednesday outside the county’s courthouse square, to show proof of homeowner’s insurance.

The commissioners cited county policy set two years ago.

When Seroczynski encountered difficulties with her insurance company, county attorney Gwenn Rinkenberger proposed the option of a waiver. But Seroczynski says signing an insurance waiver is an assault on her First Amendment free speech rights.

Commissioner John Evans, R-Chesterton, contends that it’s a standard procedure for anyone using the public square to show proof of insurance.

“Every person, organization or group has to be covered by insurance to use the grounds of the courthouse,” Evans said.

Seroczynski, of Valparaiso, said the insurance requirement surprised her because she had requested a permit on May 30 and had it renewed on June 20 without insurance being mentioned.

“Why didn’t they bring this up the first time around?” she said.

Evans said he’s unsure of why she went without insurance for more than two months after requesting a permit.

Seroczynski’s attorneys, Sy Moskowitz and Ivan Bodensteiner of Valparaiso, have sent a letter to the county attempting to clarify the policy. Bodensteiner said permits are common, but he hasn’t heard of many municipalities requiring protesters to have insurance.

“The problem with the waiver is, are they requiring one of everyone who uses the sidewalk or only those who engage in speech?” he said.

Valparaiso Elks Club member Jeanie Stevens said her organization was required to show proof of insurance for its Flag Day ceremony on June 14 at the square.

Rinkenberger said the proposed waiver, which she will introduce at the Sept. 5 county commissioners meeting, is intended to shield the county from lawsuits. She told Seroczynski to continue her protests until the commissioners make a decision on the waiver.

“It’s basically saying if you or someone else gets hurt, you’re not going to sue us,” Rinkenberger said.

Commissioner Bob Harper, D-Center Township, said he thinks Seroczynski may not be subject to county policy.

“If she’s going to be on the sidewalk, I don’t think it’s necessary to get permission from the county since the city maintains the sidewalk,” Harper said.

But Rinkenberger said Seroczynski’s written request listed the courthouse square, so the county is claiming jurisdiction.