Lawmaker convicted of battery facing lawsuit

Kansas state Rep. Vaughn Flora

A state representative who earlier was convicted of battery and fined $100 for an attack on a pro-life protester who donned a cockroach costume for a gubernatorial debate in 2006 now is being sued by the protester.

Bryan J. Brown, executive director of the ArchAngel Institute is representing Troy Newman, the chief of Operation Rescue in his claim against state Rep. Vaughn Flora, D-Topeka.

The civil action was sparked by Flora's attack on Newman last September as Newman was protesting a gubernatorial debate at the Kansas State Fair. Flora pleaded no contest and was convicted of battery. One of the candidates was now-current Gov. Kathleen Sebelius, a strong abortion supporter.

Specifically, Newman was protesting Sebelius' veto of minimum health standards for abortion mills.

"Plaintiff's political statement was satirical in nature, and was intended to communicate that a majority of cockroaches, and in particular cockroaches residing at pregnancy termination clinics, supported the re-election of the currently serving Kansas governor so that they could live free from government licensing of their abortion clinic residents," the lawsuit said.

"Such political satire is at the core of constitutional protections, and especially when undertaken in a location where redress of the government is appropriate," the claim continued.

"Defendant's political statement appeared to be that he fully supported the re-election of the currently serving Kansas governor and her policies regarding abortion clinic cockroaches. The gubernatorial debate was often punctuated with applause, cheering, jeering and other robust commentary of a political nature," the claim said.

"Plaintiff joined in such vocalization … including the following content: 'We are the official mascots of the Sebelius campaign,' 'We love abortion clinics,' and 'Sebelius saved us from the Christian Right.'"

The 'cockroaches' protesting the pro-abortion stance of Kansas leaders

But Flora, who had been seated with those who supported Sebelius, "quickly approached" Newman, and "struck plaintiff no less than twice about the head and face in full view of many attending the debate."

The attack, the lawsuit said, "was extreme, malicious, forcible, outrageous, oppressive and unlawful."

A two-inch wound resulted, and Newman still carries the scar on his face as a result, the lawsuit said.

The action seeks damages "exceeding $75,000, said actual amount to be determined at trial."

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