[420 Girl]

When a religious rights trial centered on a Bullskin Township church goes to federal court, attorneys for the Church of Universal Love and Music do not want jurors to see a videotaped segment on the dispute that aired on a Comedy Central television show.

Five years ago, "The Daily Show," a half-hour show hosted by comic Jon Stewart, did a four-minute segment on religious freedom that featured the church.

The clip, a video of which is still on the show's Web site, originally aired on Aug. 7, 2003, and showed "The Daily Show" correspondent Ed Helms interviewing church founder William "Willie" Pritts.

Pritts sued, claiming that Fayette County, through its zoning hearing board, has stifled his ability to practice his religion by not granting him a special exception or rezoning of his land. The church's religious worship is centered in music, and neighbors have complained that the music amounts to all-night concerts that cause a safety hazard and disturb their life in quiet Acme.

In the clip, Pritts said that a typical worship service "has a lot of good jam bands going on."

When Helms asked Pritts what the church's policy is on "bogarting," Pritts replied, "Bogarting a joint? Uh, it's kinda rude not to share."

Bogarting is slang for sharing a marijuana cigarette.

He also told Helms that, "God never said you can't party on."

But church attorney Gregory O. Koerner said Monday that a tape of the show was "clearly inadmissible" at trial.

"The video was part of a television comedy show, and the comments in that video that are attributable to plaintiff William D. Pritts were heavily edited to suit the show's agenda. Furthermore, nothing else in 'The Daily Show' on Comedy Central is even remotely relevant to the serious issues raised by CULM's claims in this case," Koerner wrote.

Another of the motions filed in the case came from county attorney Marie Millie Jones, who indicated that a federal judge should block Koerner from calling zoning hearing board solicitor Gretchen Mundorff to testify.

Mundorff was originally named as a defendant, but was later dismissed from the suit. Filings in the case have alleged she, as solicitor for the hearing board, recommended the members grant the request for a special exception.

Jones said that she expects Pritts' attorneys to try and introduce the alleged recommendation during the upcoming trial. Jones said it should not be introduced because the board did not receive a copy of the letter, and because it is subject to attorney-client privilege.

The board would have to waive that privilege and has not, Jones wrote in the filing.

"A zoning hearing board solicitor's recommendation that her client grant a special exception constitutes legal advice," Jones wrote.

Attached to the filing was a letter from Mundorff to the church's attorneys.

In it, she indicated that during the board's deliberations on April 21, 2005, she recommended granting the exception, but imposing conditions to protect the health, safety and welfare of residents in the area.

Chief U.S. District Judge Donetta W. Ambrose will rule on the motions at a later date.

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