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ADF attorneys: Christians have the right to pray in public park without fear of arrest

ADF attorneys file motion to dismiss criminal charges against New York Christians who attempted to share faith during event celebrating homosexual behavior
Monday, September 10, 2007, 3:19 PM (MST) |
ADF Media Relations | 480-444-0020


ELMIRA, N.Y. — Attorneys for the Alliance Defense Fund filed a motion Friday to dismiss criminal charges filed against four Christians arrested for sharing their faith in a public park.  Police arrested them after they chose to exercise their First Amendment rights during a so-called “Gay Pride” event in a New York public park.

“Christians cannot be treated as second-class citizens,” said ADF Senior Counsel Kevin Theriot. “The facts show that these individuals were engaged in peaceful, constitutionally-protected speech when police arrested them.  The charges should be dismissed.”

On June 23, Julian and Gloria Raven and two others entered Wisner Park to pray for the participants of an event celebrating homosexual behavior and to speak to them about their religious faith.  Materials advertising the event noted that all were invited and that it was open to the public.  The group began briefly greeting individuals but did not draw a disorderly response from event participants.

Julian Raven approached police who arrived on the scene to inform them about the group’s intent to share its religious views.  A police sergeant told him that he and the three others with him were not allowed to “cross the street, enter the park, or share their religion with anyone in the park.”  Mr. Raven questioned that statement and noted to the officer that the Constitution protects Christians’ free speech rights.

After the four decided to spend five more minutes praying, officers at the scene arrested them and charged them with disorderly conduct.  The sergeant claimed the conduct of the group “disturbed other event participants and prohibited other event participants from utilizing the park space.”

“At no time did the defendants’ activities disrupt or interfere with the event,” Theriot said.  “Arresting Christians simply because they chose to exercise their First Amendment rights in a public place is unconstitutional.  We hope the judge in this case will agree and drop the charges against all four defendants.”

The brief in support of the motion to dismiss filed by ADF attorneys in Elmira City Court in The People of the State of New York v. Raven is available at www.telladf.org/UserDocs/RavenMTD.pdf.

ADF is a legal alliance defending the right to hear and speak the Truth through strategy, training, funding, and litigation.

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