HEMPSTEAD, N.Y. — A New York court has dismissed charges against a Christian woman represented by an Alliance Defense Fund allied attorney after she was arrested for verbally sharing her faith and distributing literature at an outdoor public park concert. In a ruling Tuesday, the court found a recently revised town of Oyster Bay code requiring permits for free speech unconstitutional, just as it did the original version.
“Christians shouldn’t be arrested for expressing their beliefs,” said ADF-allied attorney Frederick Nelson of the American Liberties Institute. “We are pleased that the court not only has dismissed the charges against our client, but has also recognized that the newly revised town code violates the First Amendment.”
Susan Mendelson was charged with violating an Oyster Bay town code for handing out literature without a permit at John J. Burns Park in August 2006.
The city settled the resulting lawsuit filed by Nelson on behalf of Mendelson and other Jews for Jesus members prohibited from exercising their First Amendment rights at the park. The next year, the town revised its code, which still required a permit from the parks commissioner in order to distribute literature. Further adding to its code in June 2008, the town also banned the distribution of any “sign, placard, notice, leaflet, declaration or appeal of any kind” without the issuance of a permit by the commissioner.
A month after the latest revision, Mendelson went to a public outdoor concert at the park with a friend to hand out Jews for Jesus leaflets and speak with attendees willing to hear their message. A public safety official and Nassau County police officers told Mendelson that she could not distribute literature without a permit. After explaining that a permit is not required for her to exercise her First Amendment rights and that she would not, therefore, be applying for a permit, Mendelson was arrested and charged with trespassing and violation of the permit ordinance.
- Opinion issued in People of the State of New York v. Mendelson from the New York District Court of Nassau County, First District
ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.
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