Sharing your faith in public should not be a crime or prohibited. You would think that in America, that statement would be a given. But according to one town in South Carolina, people need the city’s permission to talk to others about their beliefs on public sidewalks—as if the First Amendment wasn’t enough!
This week, First Liberty filed a federal lawsuit against the Town of Chapin on behalf of local resident Ernest Giardino. He was told a permit was required to hold a sign and share his faith on a public right-of-way.
Ernie was on a public sidewalk at the intersection of Old Lexington Road and Chapin Road. He was holding a 20 x 24 inch sign attached to a short handle, which read “Trust Christ He Paid the Price” on one side and “He Saved Others—Jesus—He’ll Save You” on the other side.
This was nothing new for Ernie. He’d held similar signs on the sidewalks of Chapin for the last eight months, without a single incident.
However, in June 2024, as Ernie was leaving, a Chapin police officer approached him, informing him that he needed the town’s permission to share his message via a sign. The next day, Ernie spoke with the Code Enforcement Officer and the Chief of Police in person about this surprising development. Though cordial, both confirmed the need for a permit for his speech, handing our client a permit application for participating in a demonstration.
The permit ordinance forces Ernie to give a 14-day advance notice of his use of a sign, limiting his time to hold his sign to only 30 minutes. Additionally, he was advised that he would need to change sidewalk corners every 15 minutes while holding a sign.
“No one should be forced to ask the government’s permission to express their faith in a public space,” said First Liberty Senior Counsel Nate Kellum. “The First Amendment is his permit. Like any citizen in any city in America, Mr. Giardino is free to peacefully share his religious beliefs on a public sidewalk. Chapin’s ordinance is overbroad, unconstitutional, and must be repealed or enjoined.”
First Liberty’s complaint argues that the town’s requirement deters Ernie from engaging in his constitutionally protected expression in the public square.
Of all places, Americans shouldn’t have to get the government’s permission to exercise their fundamental right to express their beliefs, whether religious or secular, on a public sidewalk.
