Church wins Victory against gospel ban in public park
Pastor Dale Morgan
Church wins Victory against gospel ban in public park*
State settles lawsuit after forbidding church talking about Jesus
without permit
Posted: May 08, 2009
12:35 am Eastern
By Chelsea Schilling
Fort Macon State Park located in Atlantic Beach along North Carolina's coast
In a freedom of speech victory, state park officials have agreed to
settle a lawsuit with a church after they demanded members obtain a
permit before speaking about Jesus Christ.
Liberty Counsel filed a federal lawsuit against the North Carolina
Division of Parks and Recreation after Fort Macon State Park officials
threatened members of Grace Baptist Church for sharing the gospel.
Church members played games, went swimming in the ocean, held a picnic
and told park visitors about Jesus Christ. They also handed out bottles
of water as part of their fellowship.
Park Ranger Richard Crocker warned members of the group that they were
prohibited to communicate with other people in the park unless they had
a permit to do so. Grace Baptist Church Pastor Tony Rivers was told that
if he continued, he would receive a citation for violating park rule
Title 15A Section 12B.1105 of the North Carolina Administrative Code.
The rule stated: "A person shall not hold any meeting, or exhibitions,
perform any ceremony, or make any speech, unless he has a permit."
The policy offered no definition for "meeting," "exhibition," "ceremony"
or "speech." Even very small groups were required to pay a minimum of
$30 for a permit.
Liberty Counsel sent a letter to Parks and Recreation Director Lewis
Ledford stating that the rangers' treatment of the church group was
unconstitutional, demanding an apology and asking for re-evaluation of
the policy.
However, Ledford simply defended the park's permit policy and Crocker's
actions.
Liberty Counsel then filed suit.
Mathew Staver, founder of Liberty Counsel and dean of Liberty University
School of Law, warned, "Permits for speech are prior restraints on
speech, and in most cases such restraints are unconstitutional. It makes
no sense to require a single individual to obtain a license to speak to
another person in a public park."
Liberty Counsel collaborated with the state attorney general's office to
revise the rule that restricted church members from speaking about the
gospel without a permit.
Only one day before the injunction hearing, the state agreed to sign a
settlement and pay attorney's fees.
"Prior permits stifle spontaneous speech," Staver said in a statement.
"Of all places, public parks are places where speech should flourish and
where it has historically received the highest protection. This prior
permit policy is indefensible. We are pleased with the resolution of
this case."