ADF Update - When Police Ignore the Law

I get seemingly random updates from the Alliance Defense Fund, an organization that could be compared to the Christian version of the ACLU. The last update I received was this afternoon, and it had a story that was frankly, scary. I will share it with you here.

December 2, 2008

Because Kevin Deegan loves the Lord and cares deeply for his fellow man, he likes to preach and hand out gospel tracts on the commons area of Ithaca, New York. He doesn't exactly stand out from the crowd. In fact, on any given day, on that commons, you can find any number of recreation activities, celebrations, demonstrations, rallies, musical performances, poetry readings, speeches, and other expressive undertakings underway. It's a lively, rowdy crossroads of the community.

Not too long ago, Kevin was preaching in that setting when some of the local constabulary approached and told him he'd have to be quiet. City ordinances, they explained, dictated that no sound could be made on the city streets and sidewalks if that sound was loud enough to be heard more than 25 feet away.

Kevin was understandably stunned. Under those restrictions, public sneezing would be illegal on the streets of Ithaca. So would almost every other activity then underway on the commons. Indeed, as a noise expert hired by the Alliance Defense Fund (which represented Kevin) testified, this city ordinance would outlaw even such everyday sounds as the clicking of boots, small children playing, a ringing cell phone, and normal-decibel conversations.

Not only was the law ridiculous, it was very selectively enforced – in fact, ADF attorney Nate Kellum couldn't find evidence that the city had ever invoked the ordinance against anyone except the evangelist. The U.S. Court of Appeals for the 2nd Circuit agreed and found in favor of Kevin's First Amendment right to free speech…even on the Ithaca Commons.

That was two years ago. Three months ago, a friend of Kevin's, Jim Deferio was standing at Kevin's accustomed spot on the commons, doing a little preaching of his own. He, too, was approached by police officers who told him he'd have to stop, since he was violating the same city ordinance their predecessors had invoked against Kevin.

The next week, Kevin went back to the spot with Jim, and the two of them were approached by police, citing the same law. Kevin produced a copy of the federal court order authorizing him to exercise his rights, but the officers told him – incredibly – that the order didn't apply to them – only to the specific officers who had confronted Kevin years earlier.

So, now ADF is representing Jim. We've filed a federal lawsuit against the city of Ithaca on his behalf, along with a motion asking the court to suspend the ordinance while the case moves forward.

"Christians shouldn't be penalized for expressing their beliefs, especially when a court has expressly upheld their right to do so, as is the case here," said ADF Senior Counsel Nate Kellum. "Police officers cannot step beyond their authority and illegally suppress Christian speech in defiance of a court order."

The complaint in the lawsuit Deferio v. City of Ithaca filed with the U.S. District Court for the Northern District of New York is available at www.telladf.org/UserDocs/DeferioComplaint.pdf. The motion for preliminary injunction and memorandum in support is available at www.telladf.org/UserDocs/DeferioMPI.pdf.

Please pray for our lawyers, including ADF-allied attorney Bob Genant, who is serving as local counsel in this case. And pray for the judges who are hearing more and more of these kinds of cases, as First Amendment rights are being ignored with increasing frequency, especially as they apply to Christians sharing their faith.

News and Responce: Gays Have More Rights then Christians, in New York

I am not a fighter for 'civil rights,' I am a fighter for the gospel. However, there comes a time at which we must take a stand for the civil liberties of the people of this (Great?) Nation. To that effect, I am posting this story that I recieved in my e-mail today, and will right a response to it. Please Read on.

ALLIANCE DEFENSE FUND NEWS RELEASE

March 14, 2008 – FOR IMMEDIATE RELEASE
CONTACT ADF MEDIA RELATIONS: (480) 444-0020

ADF files appeal after court finds Christians “guilty” of praying

Christians who engaged in free speech in New York public park convicted by judge

ELMIRA, N.Y. — ADF attorneys filed an appeal Friday on behalf of four Christians arrested and convicted on charges of disorderly conduct for praying in a public park. Police arrested the four last year after they silently prayed during an event celebrating homosexual behavior while lying prostrate on the ground.

“Christians shouldn’t be punished for expressing their religious beliefs. They have the same First Amendment rights as anyone else in America,” said ADF Senior Legal Counsel Joel Oster. “Arresting and prosecuting Christians simply because they choose to exercise their First Amendment rights in a public place is unconstitutional.”

On June 23, 2007, four Christians, including Julian and Gloria Raven, entered Wisner Park with their heads bowed to pray for the participants of a “gay pride” event. Materials advertising the event stated that it was open to the public and that all were invited.

The four were told by a police sergeant that they were not allowed to “cross the street, enter the park, or share their religion with anyone in the park.” The entire group was later arrested and charged with disorderly conduct even though the officer herself testified at trial that their actions were peaceful.

The court sentenced the Ravens, along with Maurice Kienenberger and Walter Quick, to a $100 fine at a trial Feb. 29 (www.telladf.org/news/story.aspx?cid=4408). Additionally, each member of the group is required to pay court costs.
“At no time did the peaceful actions of this group break the law,” Oster said. “If the sit-ins of the 1960s were not a crime, then certainly this wasn’t either. The law on this is well established.”

A copy of the appeal filed by ADF attorneys in Elmira City Court in People of the State of New York v. Raven is available at www.telladf.org/UserDocs/RavenAppeal.pdf.

How is it that today, in the United States of America, we can have people arrested for public prayer? Is this not a Christian nation? If it is, how is it that Homosexuals have more rights then Christians? How is it that a Christian is not allowed to "cross the street, enter the park, or share their religion with anyone in the park." Are we not free to evangelize anymore? Is this where we are going? I am wondering where the ACLU is, with there love of "free-speech"? Or have they, like most people, including Christians, bought into the idea on one way tolerance, tolerant and even accept anyone, but the Christians?

Why do Christians have fewer rights then other groups?

News: Disordely conduct, aka Worship Music

ANN ARBOR, MI — Without a warrant or other legal authorization, uniformed police officers conducted several raids on Faith Baptist Church in Waterford Township, Michigan, and threatened to prosecute several young Christian musicians for disorderly conduct – because the Township prosecutor objected to the playing of contemporary religious music. “Praise and worship” music is a central part of Faith Baptist’s religious services.

The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, filed a federal lawsuit on Monday against the Waterford Township supervisor, prosecutor and two high ranking police officials. The lawsuit was prompted by the series of police incursions into the church and threats by the Township prosecutor to raid the church every time music was heard coming from it.

Richard Thompson, President and Chief Counsel of the Law Center, observed, “Uniformed police officers entering a church during religious services and young church members being threatened with prosecution is something that happens in Communist China – not in America.”

Continued Thompson, “It is clear that Waterford Township authorities targeted Faith Baptist Church because of the type of religious music it uses in its services. Some of the individual police officers involved in the raids – apparently more sensitive to the constitutional protections surrounding religion than were their superiors – personally apologized afterwards.”

Faith Baptist Church, headed by Pastor Jim Combs, has a congregation of 10,000 members and conducts religious services on three different campuses. The police raids targeted the Waterford Township campus with 5,000 members.

Pastor Jim Combs first contacted the Thomas More Law Center in late October 2007, after the first in a series of police raids.

During a Wednesday night youth service, uniformed Township police, led by the Township prosecutor, burst into the Church’s sanctuary where the Church’s “Praise and Worship” band was warming up. The prosecutor ordered the officers to take the names and addresses of all the young people on stage so that they could be charged with “disorderly conduct.”

The very next Sunday, Waterford Township police again raided Faith Baptist, this time during the Pastor Comb’s evening sermon. Officers were about to disrupt the services and remove the “Praise and Worship” band members and order them to surrender their driver’s licenses for personal information. However, an Assistant Pastor volunteered to bring the members to the police so as not to create an uproar among the congregation.

The Township prosecutor was caught conducting personal surveillance on the Church from his parked car just days later.

The lawsuit, filed Monday, alleges that Waterford Township officials violated Faith Baptist Church’s and the band members’ rights to Free Exercise of religion, Free Speech and Freedom of Association under both the Michigan and the United States Constitutions, and that Waterford Township’s actions have chilled Plaintiffs’ ability to worship according to their religious beliefs. Plaintiffs are asking the court to permanently prohibit further police raids and for monetary damages.

Brandon Bolling, the Law Center attorney handling the case, stated, “The Township prosecutor was very explicit: he told the pastors that churches should not play ‘rock music,’ and threatened that each time he heard music coming from the church he would conduct a raid.”

The Thomas More Law Center defends and promotes the religious freedom of Christians, time-honored family values, and the sanctity of human life through education, litigation, and related activities. It does not charge for its services. The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization. You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

Door To Door Sales - OK. Door to Door Christians - Not

From The Alliance Defense Fund -

MILWAUKEE — Attorneys with the Alliance Defense Fund filed a lawsuit in federal court Friday to strike down a Kewaskum village ordinance that severely restricts the constitutional right to free speech and religious freedom.

“Christians should not be penalized for expressing their beliefs,” said ADF Senior Counsel Nate Kellum. “Exercising your First Amendment rights is not a crime. Our client simply wanted to quietly leave religious literature on door handles of city residents without bothering anyone, yet the city denied him even this most basic exercise of his constitutional right to free speech.”

On April 25, 2007, Michael Foht went to two neighborhoods in the village of Kewaskum to place flyers sharing his Christian beliefs on the door handles of residences. After receiving a complaint from one of the residents, a Kewaskum police officer informed Foht that a local ordinance prohibited him from distributing the information. The officer informed him that he would be fined $172 every time he was found in violation of the ordinance, and might even face arrest. Foht has not returned to the village to distribute his literature.

“It’s our hope that the court will strike down this overly broad ordinance and allow Mr. Foht and others to once again distribute literature to village residents,” said Kellum.


I hope that folks realize that the implication of this 'village law' is that it is great for me to pass out an add about something that I am selling, but that I will get fined $ 172 if I were to pass something about the Gospel.