Street preacher vows to bring more protesters to challenge law*

Pam Brice
Times-News Staff Writer

The Rev. Billy Ball speaks with a Hendersonville Police officer Thursday
morning as a colleague films the interaction between Ball and the
officer. (Leigh Kelley / Times-News)
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Street preacher Billy Ball returned to Four Seasons Boulevard on
Thursday, only to be issued a second citation for violating the city's
public demonstrations ordinance.

Ball says he will bring 20 more protesters with him today or tomorrow to
City Hall or the Courthouse to counter a city ordinance that requires
street preachers to get "written permission by the police chief based on
his opinion."

Ball, a 46-year-old preacher from Primrose, Ga., received a citation
from Hendersonville Police about 30 minutes after he appeared Thursday
on the corner of Four Seasons Boulevard and Coolridge Street holding a
sign that said: "Three gays rights: AIDS, hell, salvation." It's his
second citation -- he also got one on Monday.

Police Chief Donnie Parks said his officers have asked Ball to apply for
the permit, which is free. Ball said he shouldn't have to.

"(Today) or Saturday, I plan to have a gathering of people at City Hall
or the Henderson County Courthouse, somewhere large enough where a group
of people can assemble peacefully," he said. "We are going to prove that
this ridiculous ordinance about free speech is exactly that. And if they
give me a citation, I will go right back and preach again. If I am
arrested, somebody else will be here to take my place."

Chris Norris, who pastors Fair Haven Baptist Church in Hendersonville,
agreed.

"These men aren't hindering anybody, and I don't think you should have
to have a permit for being in a public place," he said. "It's an issue
of freedom, not religion."

City ordinance 46-83 has been in place since 1971 and states: "No person
shall deliver a sermon, lecture, address or discourse, nor give any
public demonstration, exhibition or entertainment, nor shall any person
by hawking, outcry or loud calling through megaphones or other like
devices, advertise any entertainment, show or public sale of any kind
whatsoever on the streets, alleys, sidewalks, public squares or any
public grounds of the city without having first obtained the written
permission of the chief of police. Such permission may, at any time, be
revoked by the chief of police if, in his opinion, the good morals,
safety and public order of the city so demand."

Ball said having to ask permission from the police chief is against his
First Amendment rights.

"People need to take a look at this ordinance and realize that total
discretion is in Donnie Parks' hands," Ball said. "Our attorney said the
person who wrote this ordinance is guilty of legal malpractice, and it's
a most blatant offense of the Constitution."

Parks said it's the actions of violation that are at his discretion, and
his job is to keep public safety in mind. If someone violates the
provisions, the permit could be revoked.

"You have to think about if it's likely to cause a reasonable person to
consider physical retaliation -- and use of derogatory terms could
result in outward violence. They cannot use anything that could be used
as a weapon -- a pipe or stick -- or any terminology that is
inflammatory to the general public, such as making reference to sexual
orientation or race in offensive terms or a derogatory nature. We would
address it, and the permit would be revoked."

He added: "If they create a major public disturbance, they very well may
be arrested."

Ball asked: "What about that lady dressed up in a ridiculous Statue of
Liberty outfit in front of Wendy's -- does she have a permit?"

Parks responded: "That's DOT (state Department of Transportation)
right-of-way, and we don't enforce DOT right-of-way. (Ball) is on a
public sidewalk, and was on Main Street" earlier on Monday.

Joel Thornton is an attorney with the International Human Rights Group,
formerly the European Defense Fund, an organization that backs religious
liberties with legal support. Thornton says he works in constitutional
law and represents Ball in Georgia, but would have to associate with a
N.C. attorney to represent him here.

"This is probably the most wide-sweeping local ordinance I've ever heard
of," Thornton said. "According to the ordinance, you almost cannot stand
on that sidewalk without the chief of police's permission. I can't
imagine that this ordinance would be able to withstand judicial scrutiny."

He added: "Sidewalks are generally appropriate areas for free speech."

Parks said "It's my personal opinion they are not here to preach the
gospel, but to challenge the city ordinance. I suggest to them they read
Romans 13 verse 1 and see where they stand."

The bible verse states: "Everyone must submit himself to the governing
authorities, for there is no authority except that which God has
established. The authorities that exist have been established by God."