CUMMING, Ga. — On Thursday, the Superior Court of Forsyth County granted a petition for writ of certiorari filed by attorneys with the Alliance Defense Fund. ADF attorneys asked the court to hear a case involving the right to distribute religious tracts on a public sidewalk. Frederic Baumann, a local citizen handing out religious tracts, was arrested, jailed, and convicted without being told why he was being charged.
“Christian speech should not be treated as second-class,” said ADF Senior Legal Counsel David Cortman. “The city misapplied the law against Mr. Baumann and violated his constitutional right to religious expression. The First Amendment right for an individual to express his ideas in public does not require a governmental ‘permission slip.’”
On April 22, Baumann was arrested for distributing religious tracts on a public sidewalk outside the city of Cumming fairgrounds, saying Baumann had violated a city ordinance requiring parade and demonstration organizers to obtain a permit before engaging in such activities. However, the permit requirement only applies to private organizations or groups of more than three persons.
Baumann’s multiple requests to view a copy of the ordinance were denied. After serving two days in jail, he was convicted before a municipal court judge, and sentenced to time already served. Baumann had not been notified that he would stand trial that day, and was not given the opportunity to obtain legal counsel.
A copy of the petition for writ of certiorari filed Thursday by ADF attorneys in the Superior Court of Forsyth County in
City of Cumming v. Baumann can be read at
www.telladf.org/UserDocs/BaumannPetition.pdf. The judge’s order granting the writ of certiorari is available at
www.telladf.org/UserDocs/BaumannOrder.pdf.
“The facts are clear: City of Cumming officials acted illegally in this case,” Cortman said. “First, they violated Mr. Baumann’s right to free speech by silencing and arresting him. Then, to add insult to injury, they violated his right to due process by denying him legal counsel, notice of trial, and a copy of the ordinance under which he was being charged. We hope the court will remedy this egregious breach of law.”
ADF is a legal alliance defending the right to hear and speak the Truth through strategy, training, funding, and litigation.
www.telladf.org