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BACK IN THE COURTS By John LeMay - Staff Writer, Bennington Banner, 08-21-02 BENNINGTON - Scott Huminski, a Main Street resident who was banned in 1999 from entering Vermont courthouses, won a victory last week when a federal judge ruled that Huminksi may enter the courts while he continues to fight the ban in a federal appeals court. Huminski, who is gathering signatures to qualify as a candidate for Bennington County state's attorney, said recently that the ban against his presence in courtrooms could damage his credibility as a candidate. It was the second time U.S. District Court Judge J. Garvan Murtha has lifted the ban since it was imposed. In May 1999, Vermont District Court Judge Nancy Corsones, as presiding judge in Rutland, issued a no trespass order against Huminski, after he parked a van posted with signs criticizing Corsones as a "butcher of the constitution" in the Rutland district court parking lot. A second judge, Patricia Zimmerman, reiterated the no trespass order a few days later. In February 2001, Murtha issued a temporary injunction nullifying the order, then reinstated the ban in July 2002. In last week's decision, Murtha declared that Huminski's appeal has "a substantial possibility of success" and that Huminski would be "irreparably harmed" by being barred from courts while the constitutionality of the ban remains. Last week's decision "means that while the case is being fought in the appellate court, Scott can exercise his right to engage in peaceful protest," Huminski's attorney, Robert Corn-Revere, said Friday. The underlying issue to be heard in the 2nd U.S. Circuit Court of Appeals in New York state is whether the trespass order barring Huminski from Vermont courts is a violation of his First Amendment rights. "I feel that the government shouldn't be able to arbitrarily exclude people from government institutions because they don't like what they have to say," said Corn-Revere, of the Washington D.C. firm Hogan and Hartson. Corn-Revere specializes in First Amendment cases, and is representing Huminski free of charge. Huminski's van, bearing political messages, is a frequent sight about Bennington. Huminski has recently been gathering petitions for a run against incumbent State's Attorney William Wright. Corsones could not be reached for comment Friday evening. WORKING TOGETHER TO ATTAIN FAIRNESS | ||
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