GREENWICH, Conn. (AP) – The American Civil Liberties Union of Connecticut says it may sue Greenwich over free speech rights after environmental activists were arrested for posting fliers that mimicked a wanted poster singling out a business executive.

The ACLU of Connecticut on Thursday wrote to Town Attorney John Wetmore and Police Chief James Walters that Greenwich has 10 days to provide a written guarantee that protesters with the Rainforest Action Network will not be arrested for distributing leaflets.

If an agreement is not reached promptly, litigation is a possibility, said Annette Lamoreaux, a lawyer for the civil liberties group.

“We want to talk with them and work out an arrangement that is constitutional and agreeable to both sides,” she said. “We would like to work this out prior to litigation but we consider this issue to be sufficiently serious that I would advise my clients to take legal action.”

Greenwich police on March 5 arrested two activists of the Rainforest Action Network on charges of creating a public disturbance after they posted fliers near the home of William Harrison, chief executive of JP MorganChase.

The posters said Harrison and the bank have invested in international projects that harm the environment. The fliers read, “WANTED – William Billy the Kid’ Harrison.”

The fliers, which also made reference to a Web site criticizing JP MorganChase’s environmental record, did not threaten Harrison or the company.

Lamoreaux’s letter to Wetmore and Walters says the March 5 arrests had a “chilling effect” on free speech rights.

“The content of these fliers is clearly protected political speech and they arrested two people,” she said.

Walters said he has worked with protesters to protect public safety and the right to protest.

“We always encourage anyone who is planning to come to town to protest to meet or at least talk with us beforehand to discuss any concerns they might have or we might have,” the police chief said. “We definitely have an obligation to protect people’s right to free speech but at the same time we have an obligation to protect public safety.”

Walters would not comment on the arrests.

Jessica Eisen, 23, of Brooklyn, N.Y., and Althea Erickson, 24, of New York City were arrested after posting fliers on trees, telephone poles and elsewhere. Eisen and Erickson also were charged with posting bills on public property. The ACLU does not dispute the constitutionality of that charge.

Robert Nixon, 46, of Old Greenwich was arrested for driving the women to the scene.

The three are scheduled to appear in court Monday.

The Rainforest Action Network says it targeted Harrison because JPMorgan Chase has delayed adopting a policy pledging to meet certain environmental guidelines in its operations.

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Information from: Greenwich Time, http://www.greenwichtimeonline.com

AP-ES-03-25-05 1937EST