FARGO — A Tennessee lawyer recognized for his stances towards homosexual rights was employed to defend town of Fargo in a lawsuit filed by an grownup leisure retailer — a transfer that is upset some metropolis commissioners and LGBTQ advocates.
The lawyer, Scott Bergthold, has fought homosexual marriage in California and home partnerships in Tennessee,
according to South Florida Gay News
.
Tax data present Bergthold has been affiliated with and
financially backed by the Alliance Defending Freedom (ADF),
a nonprofit authorized advocacy group, that,
according to the
, has supported the recriminalization of sexual acts between consenting LGBTQ adults.
The ADF has additionally defended state-sanctioned sterilization of transgender folks; contended {that a} gay agenda will destroy Christianity and society; and argued that LGBTQ persons are extra more likely to have interaction in pedophilia, in line with the
, a nonprofit authorized advocacy group.
The middle stated ADF is “probably the most influential teams” attacking LGBTQ rights.
ADF spokeswoman Jacqueline Ribeiro stated Bergthold is a part of a community of greater than 2,400 attorneys who assist the group on points comparable to household, marriage and sanctity of life. Ribeiro described the Southern Poverty Regulation Middle as “completely discredited, blatantly partisan.”
“ADF is among the many largest and best authorized advocacy organizations devoted to defending the spiritual freedom and free speech rights of all People,” Ribeiro stated, rejecting the declare that ADF has supported the recriminalization of sexual acts between consenting LGBTQ adults. “ADF believes that each one persons are made within the picture of God and that everybody is worthy of dignity and respect.”
Bergthold didn’t reply to The Discussion board’s request for an interview. Courtroom paperwork record Bergthold as a protection lawyer for town of Fargo in a federal lawsuit filed by Romantix, an grownup leisure retailer that wishes the court docket to permit it to maneuver into the Syndicate Constructing at 74 Broadway in downtown Fargo.
Fargo Metropolis Commissioner John Strand, an overtly homosexual elected official, has been the fee’s solely vote in assist of Romantix’s transfer. He discovered of Bergthold’s hiring from The Discussion board and stated the information was “laborious to swallow.”
“I simply Googled the man and created an inventory of all of the tales. The query I requested is, ‘Did anybody do any due diligence?’ It’s fairly clear,” Strand stated.
Bergthold was quoted in a 1999 piece by
that AIDS and sexually transmitted ailments are the outcomes of “ethical decay in America.”
Town of Atlanta enlisted Bergthold in 2019 to close down Tokyo Valentino, an grownup leisure retailer, in line with
The Atlanta Journal-Constitution
. Challenge Q Atlanta, a information outlet that covers LGBTQ points, revealed a narrative headlined
“City of Atlanta hires anti-gay attorney to fight Tokyo Valentino.”
The North Dakota Insurance coverage Reserve Fund, which helps public entities defend towards lawsuits, employed Howard Swanson because the lead lawyer to signify town of Fargo within the Romantix lawsuit. Swanson informed The Discussion board that he employed Bergthold as co-counsel.
“He isn’t representing town of Fargo on his personal and his involvement within the case comes by and thru me as co-counsel,” Swanson stated, noting that he employed Bergthold for his experience in circumstances involving the grownup leisure business.
Swanson, a former Grand Forks metropolis lawyer, stated he didn’t query Bergthold on his private or spiritual beliefs earlier than hiring him at a fee of $250 to $275 an hour.
All funds to Bergthold will come from the North Dakota Insurance coverage Reserve Fund, stated Swanson and metropolis spokesman Gregg Schildberger. Town of Fargo contributes public cash to the reserve fund, stated Strand, who finds it worrisome that taxpayers are footing Bergthold’s invoice.
Swanson pressured that the Romantix case “can be a zoning query.”
“Possibly I’m naive in the place the connection to LGBTQ is as a result of I do not see that,” Swanson stated. “I feel the LGBTQ neighborhood in Grand Forks would point out that I’d be thought of, perhaps not an advocate, however at the least a pal.”
Swanson stated he is recognized Bergthold for the reason that Nineties and labored with him earlier than on court docket circumstances in North Dakota.
“My curiosity is solely to guard the pursuits of town of Fargo. It is a zoning case,” Swanson stated.
“I respect the considerations. I feel by elevating these points this provides me higher consciousness of what my position is. I used to be involved with, does he have the competence and the experience in grownup business litigation, and he has all of these,” Swanson stated, including that if at any time he feels any agenda is being utilized in court docket, he’ll take acceptable motion.
Within the Romantix lawsuit, the enterprise alleges that town has
violated their First and Fourteenth amendment rights
by not permitting it to maneuver into the Syndicate Constructing. Romantix is at present situated at 417 Northern Pacific Ave., close to the bus station.
Town of Fargo is asking the federal district court docket
to dismiss the Romantix lawsuit
, asserting that sexually-oriented merchandise don’t qualify without cost speech protections.
Rynn Willgohs, a 50-year-old transgender lady who’s on the board of the FM Satisfaction Collective and Group Middle, was surprised when she heard the information of Bergthold’s hiring.
“They’re killing two birds with one stone: get Romantix to not construct in downtown Fargo and bash the queer neighborhood on the similar time. It’s disgusting, and I hope town loses,” Willgohs stated.
Mars Ness-Ludwig, a LGBTQ activist in Fargo, stated Mayor Tim Mahoney provided consolation a month in the past throughout a candlelight vigil for the victims of the Membership Q capturing in Colorado.
“I discover it extremely shameful that Fargo has employed Scott Bergthold,” Ness-Ludwig stated.
The Discussion board’s telephone calls to Mahoney in search of remark for this story weren’t returned.
Requested about Bergthold’s hiring, Metropolis Commissioner Arlette Preston stated it was “actually unlucky that we’re studying extra about this from (The Discussion board) than up entrance,” however added that she plans to analysis and uncover if there are any options for the hiring.
“After I requested the query what energy we now have over the insurance coverage fund, it’s mainly none, as a result of they’re those in danger with this lawsuit. I don’t know if we’ll have the power to affect that even,” Preston stated.
Swanson stated the rent will not be essentially “written in stone, however that may be a choice I must talk about with the North Dakota Insurance coverage Reserve Fund. The choice was made by me.”
Strand stated “the query of whether or not or not this lawyer was vetted sufficient is a professional concern.”
“The query is absolutely boiling all the way down to, ‘Is that this who we would like?’ Somebody coming in … bent towards a marginalized group that’s already struggling,” Strand stated. “Is our motivation right here actually to impose upon others our religious and spiritual views if they’re completely different from our personal?”
Strand stated he is trying ahead to solutions to his questions.
“I stay up for my friends in search of out the excessive street as regards to all folks in our neighborhood,” Strand stated.
