Sides discuss picketing ordinances

It was 90 minutes of preliminary procedural matters Wednesday in the Westboro Baptist Church’s court challenge to two city ordinances and a state statute on picketing.

Shawnee County Judge Franklin R. Theis asked attorneys for prepare lists of witnesses they might call and issues they want to address when he conducts a hearing Oct. 10 and 11 on whether to issue a temporary injunction against enforcement of the ordinances.

He agreed to meet with the attorneys again next Wednesday at 3 p.m. to determine whether there are some areas all sides can agree on.

Wednesday’s session began with the announcement that the name of Westboro Baptist Church on the original petition had been changed to Westboro Baptist Church, Inc. and that the names of four individual members of the church had been added as additional plaintiffs challenging the validity of the laws. The names were Fred W. Phelps Sr., the pastor; Karl and Charles Hockenbarger; and Timothy Phelps.

Deanne Watts Hay, representing District Attorney Joan Hamilton, argued that adding the “Inc.” to the church’s name was irrelevant. She argued the church still didn’t have standing to bring the lawsuit.

Margie J. Phelps, representing the church, disagreed.

Theis said he needed more information before making any rulings on motions by Hay and David Plinsky, representing the city of Topeka. Both had made motions to dismiss the lawsuit.

And Theis told Phelps he needed information from her about how picketing churches and funerals related to the beliefs of her church.