Burk
heads for the Court of Appeals
Martha Burk isn't giving up on the idea of picketing at the front gate of the
men's-only Augusta National Golf Club.
Burk and her allies headed
to the U.S. 11th Circuit Court of Appeals on Tuesday after a district judge ruled
the city can restrict protests to a site a half-mile away from the club's main
entrance.
With the Masters set to
begin Thursday, Burk asked for an emergency ruling from the Atlanta-based appeals
court.
"Time is growing short,"
she said Tuesday in a telephone interview. "That's not usual for authorities
who are not acting in good faith to try to delay past the point where if makes
no difference."
Burk, who wants the club
to allow female members, plans to protest Saturday during the third round of the
Masters.
She asked to set up pickets
outside the main gate, believing that would be the most effective way to get her
message across.
But Sheriff Ronald Strength,
who was given broad power to regulate protests under a new city ordinance, relegated
Burk and other groups to a location away from the gate - a grassy, 5.1-acre site
donated by the club.
Strength said the area in
front of the gate, including five-lane Washington Road, is too congested during
Masters week to hold a protest safely.
U.S. District Judge Dudley
H. Bowen Jr. upheld the city ordinance and Strength's application of the law in
two separate rulings Monday.
"I think it's clear
they acted in the best interest of the city and the club rather than the best
interests of the First Amendment," Burk said. "Party revelers are taking
precedent over protesters."
On Tuesday, the area in
front of the gate was crowded with people heading to the course to watch practice
on a drizzly, gray day.
The fans intermingled on
the sidewalk with vendors selling everything from sunglasses to Arnold Palmer
pictures. A waitress from a Japanese restaurant handed out coupons for 50-cent
beer and a free shot of saki.
Meanwhile, the designated
protest area was empty except for Todd Manzi and two supporters. Manzi has founded
an anti-Burk Web site.
"I believe a private
club has the right to choose who they want in their club," said Judy Collins,
who collected signatures in support of Augusta National chairman Hootie Johnson.
Wearing a green "Hootie"
hat, she stood under a tent that was decorated with signs such as "Just Say
No To Bully Burk" and "The Only Woman Martha Burk Has Helped Is Martha
Burk." Collins said she hopes to present Burk with a petition that supposedly
contains more than 8,000 signatures backing the club's position.
"I don't think she'll
let me," Collins said with a smile.
Meanwhile, a single sheriff's
car was parked nearby, with nothing much to do except watch the passing traffic.
A group headed by the Rev.
Jesse Jackson also has been approved to protest at a second site even farther
away from the club's main entrance.
Burk, who heads the National
Council of Women's Organizations, wanted to post 24 demonstrators outside the
front gate of Augusta National and 200 more across the street. Strength turned
down the request.
Working with Burk, the ALCU
of Georgia challenged the ordinance, saying it gives the sheriff too much power
to approve or deny protests and dictate their location.
Bowen sided with the city.
"The ordinance does
not discriminate against a particular viewpoint or limit speech to certain subject
matters," he wrote in his first decision.
Bowen also ruled that Strength
acted properly to enforce the ordinance.
"I am without doubt
that the reasons articulated by the sheriff are grounded in legitimate concerns
for public safety, and not in the impermissible purposes of preventing embarrassment
to the Augusta National or the city of Augusta," the judge wrote.
Burk said the site proposed
by the sheriff is "unacceptable."
"It is out of sight
of the club," she said. "It's even below the grade of the street. You
actually have to drive down a few feet to get to it. It sounds like we're truly
in the pits."
While much of the field
is lower than Washington Road, it's still visible to passing motorists. Bowen
wrote that the city-approved site is actually better for protesters trying to
influence players and club members.
"This group must arrive
by way of Washington Road," the judge wrote. "If, as most of them probably
will, they arrive by automobile from the westbound lanes of Washington Road, they
will see the protesters at the alternate site if they choose to look."
Augusta National said it
has no interest in the court case. Inside the club, no one was allowed to express
an opinion on the dispute - pro or con.
"No cell phones, no
pagers, no Hootie stuff, no Martha stuff," a security guard barked as fans
entered the gates.
The golfers also tried to
stay out of the brouhaha.
"We're really not thinking
about it too much," Billy Mayfair said. "It doesn't feel any different
this year than any other year."
The sheriff's office has
approved protest permits for eight groups, including a one-man faction of the
Ku Klux Klan and "People Against Ridiculous Protests."
Burk said she is "very
concerned" about all those groups being confined to the same site.
"We want to find out
what the plan is to maintain order given the fact that they've put groups such
as the KKK right on top of us," he said. "I think the sheriff is obligated
to give us adequate protection."
City attorney Jim Wall said
the protesters shouldn't worry.
"The sheriff is going
to make arrangements to keep the groups separated," Wall said. "He will
have adequate officers there to address any issues that may come up."
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