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St. Cloud, Minn. (AP)

Man who posted anti-Islamic fliers won't be fined

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A Waite Park man won't have to pay fines for hanging anti-Islamic posters on utility poles in St. Cloud.

An administrative hearing officer on Friday dismissed two $100 citations against Sidney Elyea. He ruled that St. Cloud selectively prosecuted him for violating an ordinance against posting materials on utility poles.

The ruling by Russell Cherne said the city has never issued a citation in hundreds of previous violations of the ordinance, typically for lost pet or garage sale signs. The city has usually issued cease-and-desist orders instead, and Elyea will get one.

City Attorney Matt Staehling expressed disappointment but says there will be no appeals. Prosecutors declined earlier to press criminal charges.

Elyea's lawyer, Ryan Garry, is championing the decision as a win for the First Amendment.

(Copyright 2010 by The Associated Press. All Rights Reserved.)