Earlier this year, Brant Zeller and a friend visited Woldenberg Park in New Orleans to share their Christian faith with other people walking through the park.
Attorney Garrett Bell of First Liberty Institute says the men were not using amplification or shouting. They had signs that read, "Jesus is the way, the truth, and the life," and they were handing out religious literature to those who would take it.
"After a couple of minutes, police officers approached them and told them that they were violating the park's rules against solicitation, and if they continued, they would be physically removed from the park or arrested," Bell tells AFN.
Citing City Code 54-419(c)(1)(i) makes it unlawful to "engage in an act of solicitation" when "on any parkland, or in any park, playground, or public entertainment venue, including within 20 feet of entryways or exits thereto."
Citing to the same, the Woldenberg Park rule states, "Soliciting and distributing materials" are prohibited activities.
Solicitation includes "fundraising, advertising pamphlets, or any promotional, commercial or political materials."
Not wanting to be arrested, Zeller and his friend left the park.
"We've sent a letter to the city letting them know that this park rule and the city code is unconstitutional and that we would like written assurance by next Wednesday, April 15, that the city will no longer enforce the solicitation policy to banish religious speech, including literature distribution, in Woldenberg Park," said Bell.
"Banishing Zeller from the desired public forum where he can reach an audience to a space where he is unable to do so is not a narrowly tailored measure," the letter reads in part. "If the City had a true concern, its interests could be addressed through narrowly focused rules rather than a categorical ban on leafletting and evangelism. The City's rule exiling Zeller's speech from a traditional public forum violated his First Amendment speech rights, and persists in doing so."
Most major U.S. cities generally treat religious speech as highly protected free speech in public areas, but it is still subject to neutral rules about safety, noise, crowding and location.
This issue can and does go to court, but First Liberty has resolved many cases through similar demand letters. Bell says city leaders and attorneys are simply not up to speed on the First Amendment, but these letters from First Liberty help set the record straight.
"We do see cities capitulate on this prior to needing litigation," Bell reports.
AFN is seeking comment from the City of New Orleans.
