COLUMBUS, Ohio—The 6th Circuit Court of Appeals today affirmed a lower court decision that struck down a complex Ohio permit scheme pertaining to expressive activities outside the state capitol. The stricken law required individuals to obtain a permit before exercising their First Amendment rights on the capitol grounds.
"It is truly outrageous to apply an elaborate permit scheme that encompasses a costly fee and unreasonable advance notice requirement to individual expression," said Nate Kellum, senior counsel with the Alliance Defense Fund. Kellum filed the case, Douglas R. Parks v. Richard H. Finan, et al., on behalf of a Christian evangelist who was threatened with arrest for sharing his message at Capitol Square without a permit.
"Mr. Parks was merely exercising his guaranteed First Amendment right to free speech in a public square. The area is uniquely suitable for individuals to share their beliefs and convictions with fellow citizens," Kellum said. "The court agreed that it was not proper to require him to go through the same hoops that groups have to go through before holding large rallies or protests."
On April 11, 2002, Parks began to preach while standing on an emblem imbedded in the mall area of the capitol grounds that set forth Ohio’s state motto, "With God All Things Are Possible." Ohio state troopers approached and threatened him with arrest for preaching there without a permit. Parks left peacefully and returned a few days later wearing a sandwich sign and handing out literature instead of preaching. Again, state troopers threatened him with arrest, informing him that a permit was required for those activities as well. Fearing arrest, Parks left and never returned.
In the opinion issued today, Judge John Rogers wrote, "This ban is exceptionally broad, as demonstrated by the facts of this case…. The permitting scheme, then, by the breadth of the activity that to which it applies, raises serious First Amendment concerns."
The portion of the Ohio Administrative Code the court deemed unconstitutional as applied to individuals requires a permit to be purchased for $20 per visit and be obtained at least 15 days prior to the scheduled speaking event. The rule also requires the applicant to provide the duration and nature of the event and gives officials discretion in determining what types of conduct or activity are appropriate.
"The government cannot burden its citizens with rules and regulations that effectively squelch their right to free speech and religious expression," Kellum said. "ADF will continue to defend those whose rights are violated in this fashion."
ADF is America’s largest legal alliance defending religious liberty through strategy, training, funding, and litigation.
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