News-Info-Alerts

Re: Sign & POW-MIA Logo Banned

To: ALL

From: Andi Wolos & Bob Necci

(POW-MIA InterNetwork)

Date: Ocotber 27, 2002

"Wednesday, October 23, 2002 Franklin wrong to ban sign, judge rules

By JENNIFER HICKS Norwich Bulletin

FRANKLIN -- A judge has approved a $6,000 settlement for a local man involved in a dispute with the town over a sign in his front yard honoring a man killed in the Korean War.

The case originated on Memorial Day 2000, when Charles Rutchik erected a sign in his front yard at 143 Pond Road on property owned by Leo Bienvenue.

The sign commemorates Paul Henry Bienvenue, a Korean War soldier who is believed to be the only man from Franklin killed in combat during that conflict.

The town issued a cease and desist order to Rutchik and Bienvenue, saying the sign violated the town's zoning regulations. In July 2001, the Connecticut Civil Liberties Union filed a suit against the town on behalf of Rutchick.

Philip Tegeler, Connecticut Civil Liberties Union legal director, praised Rutchik and Bienvenue for bringing the case.

"If citizens don't step forward and use their rights, we'll see those rights diminish over time," he said.

Leo Bienvenue, nephew of the deceased veteran and a Franklin resident, commended the CCLU.

"I'm glad there are people like Philip, who devoted his life to defend the Constitution," he said Tuesday, adding he appreciates people who "care about the little guy."

Bienvenue said he was shocked at being served with the cease and desist
order.

"I was scared," he said, explaining that the order said if he didn't take the sign down, he would be punished to the maximum extent of the law, which meant a fine of up to $1,000 a day.

Rutchik could not be reached for comment Tuesday.

The sign is black with white lettering and a POW MIA symbol in the center. It stands in Rutchik's front yard.

First Selectman Richard Matters announced the settlement figures at the last selectmen's meeting, before they were signed by the lawyers and given to the judge.

The town will pay $11,250, and the town's insurance company, National Casualty Co., will pay $8,700, with the combined money going to the plaintiff, the Connecticut Civil Liberties Union and the deductible for the town's insurance company.

On Tuesday, Matters said he supported the ruling because the Constitution is the law upon which the country is built. But he said the town budget was not prepared for the costs and appropriations will have to be made.

jehicks@norwich.gannett.com

Copyright © 2002 Norwich Bulletin. "