The American Civil Liberties Union of Indiana is suing the City of Loogootee for reportedly preventing the Patoka Valley AIDS Community Action Group from holding the city’s second annual PrideFest, arguing the city violated Patoka Valley’s First Amendment rights.
Court documents show a months-long battle involving a reversal of earlier approval and changes to the city’s special events policy immediately after an election that changed the political makeup of city government.
Lawsuit: New city council targets Loogootee Pridefest
Loogootee had its first PrideFest last year, which drew around 100 attendees and went on without incident. In November 2023, the Loogootee City Council unanimously approved the second annual Loogootee PrideFest for Sept. 7, 2024. At the time, the all-Democrat council had just faced an election that unseated four of the five incumbents.
Tracy Brown-Salsman, vice president of Patoka Valley and a plaintiff in the lawsuit, said the council had opposed approving PrideFest even then, and only approved it after the ACLU sent a letter. Even then, councilmember Carroll Rayhill had indicated his intent to revisit the issue when the new council was seated, Brown-Salsman said.
In January, the newly elected councilors assumed office with new Republican mayor Brian Ader. By February, the council had approved a special events ordinance that included a provision targeting PrideFest, according to court documents.
“With final passage of this Ordinance, the approval of an event by motion made during the City Council meeting of November 13, 2023, is hereby rescinded,” the February ordinance read.
PrideFest was the only event approved at the November meeting according to court documents.
An application in limbo
Undeterred by the new ordinance, Brown-Salsman submitted an application for PrideFest immediately after the February city council meeting. For months, city council meetings came and went without a decision on the application, leaving Tracy and husband Tim Brown-Salsman in limbo. The couple kept close contact with the ACLU as they waited.
In April, the city received an application for another event, Summerfest, and approved it to take place June 20. The council still did not address the Brown-Salsmans’ application, even though the February ordinance requires the city to review applications in the order received.
On June 10, the City Council unanimously approved a new special events ordinance. The Brown-Salsmans and other PrideFest organizers showed up after finding out about the meeting last minute. The room had only six chairs and there were no printed copies of the ordinance, Tracy said. The only publicly available copy of the ordinance is an unofficial transcript of what the city attorney read aloud at the meeting, which the ACLU included in its lawsuit.
The new ordinance has several restrictions, including a non-refundable application fee and a fee for services the city may deem necessary, like police protection, unless the event is for a national holiday. It also requires event employees, volunteers and entertainers to submit their names to be cross-checked with a national sex offender registry. While last year’s PrideFest only required proof of insurance be provided before the event, the new policy specifies coverage worth $1 million per person if an event requires a road closure or has 200 people — unless it is for a national holiday, in which the city covers the cost.
They were “unattainable obstacles,” Tracy said.
The ACLU officially filed its lawsuit in the Indiana Southern District Court on June 13, arguing the revocation of earlier approval and the June 10 ordinance demonstrate a violation of the plaintiff’s First Amendment rights to free expression. It asks for a preliminary injunction, which would allow PrideFest 2024 to occur as previously granted.
Calls to Ader and Loogootee clerk-treasurer Lori Carrico were not returned.
Loogootee couple spends decades fighting for equality
Tracy and Tim Brown-Salsman, who have lived in Loogootee for 26 years and been together for 36, said all they want is equal treatment. They defend their town, describing their obstacles as the actions of a few hateful people in a town where others are quickly changing their attitudes on the LGBTQ+ community.
“This is today, not 1950,” Tracy said.
Still, the couple has faced hate before. Once someone threw lit firecrackers through a window into their home. Two summers ago, a small city-owned strip across from their home became a political battleground as the city went back-and-forth on allowing Pride flags to be displayed on city property.
Tracy said he has a cousin in Bloomington who often urges him to move, but the Brown-Salsmans are intent on staying so they can make the town a more inclusive space for LGBTQ+ youth, who often struggle with mental health because of how they’re treated. According to the Trevor Project, 41% of LGBTQ+ youth seriously considered suicide in 2023. The couple said it’s important for people to be able to stay in their hometowns as well.
“Because you know, when you leave your hometown, you're leaving your heritage, you're leaving, most times, your family behind,” Tracy said.
The Brown-Salsmans dream of eventually creating a “pride center” to provide health information and a safe gathering place for LGBTQ+ people. But in the meantime, they just want to make PrideFest 2024 happen and continue to help the LGBTQ+ community be treated fairly in Loogootee.
“So that's why we do what we do, you know, fighting for equality,” Tracy said. “Cause that's all we want.”
Reach Marissa Meador at mmeador@gannett.com.
This article originally appeared on The Herald-Times: ACLU lawsuit: Indiana town blocked PrideFest, violated First Amendment
