A Portland judge on Friday rejected Patriot Prayer leader Joey Gibson’s pre-trial attempt to put an end to a $1 million lawsuit filed against him by a Portland pub owner who claims he has lost business after Gibson led a May 1 melee outside his doors.

Multnomah County Circuit Judge Andrew Lavin said that Gibson and other supporters were exercising their rights to free speech and political demonstration when they showed up outside Cider Riot in Northeast Portland on May Day. However, he added, a jury could find that they took things a step beyond their constitutionally protected rights.

Lavin said he doesn’t think a jury could reasonably find that Gibson himself physically acted out during the May Day confrontation in ways made him criminally or civilly liable. But Lavin said there is “sufficient circumstantial evidence” that could lead jurors to find Gibson “ratified, coordinated or directed” others to act out in ways that were criminal or opened them up to civil liability.

“My ruling today is not a comment on the merits of either side’s case,” Lavin said. “Nor is it a conclusion regarding how the case should or will be ultimately decided.”

Lavin continued: “Many of the factual disputes among the parties are questions for a jury to resolve rather than for a single judge to decide today.”

Gibson attended the hearing but didn’t speak. Cider Riot’s owner, Abram Goldman-Armstrong, also attended but didn’t make any statements.

In his lawsuit, Goldman-Armstrong has accused Gibson, Gibson’s right-wing group Patriot Prayer, Ian Kramer, Christopher Ponte, David Willis and Mackenzie Lewis of vandalizing or conspiring to vandalize the cidery, intentionally interfering with its ability to make money and sparking the May Day clash.

Members of antifa had gathered at Cider Riot that evening to celebrate their demonstrations earlier in the day and listen to live music. About 20 right-wing protesters, including Gibson, later arrived at Cider Riot, and a heated exchange between them and patrons of the pub ensued. Video shows people using pepper spray, throwing drinks and fighting. Bits and pieces of the encounter were caught on various videos.

Gibson and the other defendants in the lawsuit filed motions that asked the judge to dismiss the lawsuit on the grounds that they had not incited violence and that their presence outside Cider Riot was protected under the First Amendment. They pointed to a 2001 Oregon law, known as the anti-Strategic Lawsuits Against Public Participation, or SLAPP, law.

Last month, the judge denied all but Gibson’s motion because he found that the other defendants hadn’t followed proper procedure in filing their motions.

According to the lawsuit, Kramer, a frequent Patriot Prayer rally participant, also hit a female patron of Cider Riot on the head with a baton and knocked her unconscious.

Kramer has been charged with second-degree assault and other crimes, which could result in a nearly six-year prison sentence if he’s convicted. Kramer, Gibson, Ponte and Lewis also are face rioting charges and are scheduled for trial in late February or early March.

No trial date for the lawsuit has been set yet.

Goldman-Armstrong announced last month that he’ll be closing his pub on Sunday. He said although Patriot Prayer’s attempts to hurt his business have taken a toll, he doesn’t blame them for the pub’s closure.

-- Aimee Green

agreen@oregonian.com

o_aimee

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