Legal experts say a judge's Monday dismissal of the Cincinnati Arts Association lawsuit seeking millions in financial damages from activists participating in the economic boycott of Cincinnati was not unexpected.

        “It seems to me that courts are more willing to err on the side of the First Amendment rights of a protesting group, as opposed to the economic rights of a contracting party affected by a boycott,” said Paul Fiorelli, director of Xavier University's Center for Business Ethics and Social Responsibility.

        Hamilton County Common Pleas Judge Thomas Nurre dismissed the CAA lawsuit brought in March against six Coalition for a Just Cincinnati members whom the arts group blamed for encouraging entertainers to cancel performances at its venues.

        CAA officials said Monday it was too soon to determine whether they would appeal the judge's decision.

        In his 22-page decision, Judge Nurre said the six are protected under the First Amendment and have a right to protest perceived problems in the city.

        “The court is more than aware that a number of citizens in Cincinnati feel that many of the boycott's goals are unrealistic and perhaps insincere,” the judge wrote.

        “(And) clearly the boycott has had an economic effect on a number of businesses and individuals beyond just the CAA. However, this does not change the fact that it is still political activity aimed at persuading the government of Cincinnati to take action.”

        The CAA had sought to regain $86,850 in actual losses from each of the six defendants, in addition to $500,000 - per defendant - in punitive damages. The lawsuit accused them of writing letters to entertainers asking them to avoid Cincinnati.

        Those who canceled performances included Bill Cosby, Wynton Marsalis and The Temptations. The CAA oversees Music Hall, the Aronoff Center for the Arts and Memorial Hall.

        Similar suits in other states have had the same outcome.

        “These kinds of suits have not been successful when brought against boycotters,” Mr. Fiorelli said. “If it had been successful, it could have opened the floodgates of litigation against the boycotters. It would have had a tremendous chilling effect on the First Amendment rights of protestors.”

        Lucian Bernard, an attorney for the six defendants, agreed.

        “It's what I expected,” he said of Monday's decision. “I've said all along this is not an issue that needed to be resolved in the courts. It needs to be resolved in the public arena.”

        He said the CAA should have tried harder to discuss the issue with the entertainers.

        “That's how a democracy is supposed to work,” Mr. Bernard said. “The whole focus of my clients' efforts has been to induce our local government to make some long-needed changes. It's that simple, and hopefully the local leaders will want to sit down and talk about it now.”

        Mayor Charlie Luken, who has repeatedly refused to negotiate with boycotters, declined to comment on Monday's decision.

        Activists pushing the boycott demand civilian control of police; reform of government and elections; and civil and human rights

        to rectify racial, social and economic disparity. The boycott is estimated to have cost the city more than $11 million in lost revenue.

        Amanda Mayes, one of the six named in the suit, said the decision will send a message to other businesses in Cincinnati that might seek to sue activists for financial losses they attribute to the boycott.

        “A boycott is all about short-term pain for long-term benefits, and in the end the kind of healing that we want is more than economic,” Ms. Mayes said. “It's more than dollars and cents. It has to do with dignity. It has to do with equality. It has to do with civil rights. It has to do with police accountability.”

        Ms. Mayes says boycott groups are ready to sit down with city and county officials and other civil rights organizations to move toward change: “We're not the ones who'll end the boycott, the city is.”

        Enquirer reporters Kevin Aldridge, Dan Klepal and Greg Korte contributed.

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