A Christian street evangelist, who challenged a law in Brandon, Mississippi, that restricts street evangelism to certain “protest zones,” is asking for a hearing at the U.S. Supreme Court.
Gabriel Olivier was arrested and fined for preaching in a city park outside a public amphitheater, which was beyond the city’s designated protest zones. Olivier sought to evangelize in the park because the designated zones were remote and he could access few people. He was arrested, then paid a fine and was released. But he challenged the law by suing the city, hoping to prevent Brandon from enforcing it in the future.
The case went to a district court, which dismissed Olivier’s claim. Olivier appealed to the U.S. Court of Appeals for the 5th Circuit, but the appeals court upheld the district court’s ruling and denied Olivier a hearing before the full 5th Circuit. The 5th Circuit cited the ruling in Heck v. Humphrey, a case that denied the rights of prisoners to sue the state after being convicted and incarcerated.
Law firms First Liberty Institute and Gibson Dunn appealed to the Supreme Court on behalf of Olivier, arguing that Olivier is not a prisoner and is not contesting his conviction.
Judge James Ho of the U.S. Court of Appeals for the 5th Circuit dissented to the denial of a full hearing.
“The fact that Olivier was previously convicted under the ordinance should make him not just a permissible but a perfect plaintiff,” James Ho said. “But instead, [5th Circuit precedent] uniquely prohibits citizens like Olivier from bringing suit. That gets things entirely backwards. And it sends an odd message to citizens who care about defending their constitutional rights. On the one hand, we tell citizens that you can’t sue if you’re not injured. But on the other hand, we tell them that you can’t sue if you are injured.”
Kelly Shackelford, CEO of First Liberty Institute, believes the case revolves around a core issue—freedom of speech.
“No American should face criminal charges for sharing their faith in a public space,” said Shackelford. “The First Amendment guarantees all Americans the right to express their point of view, religious or secular, perhaps no more so than on a public sidewalk.”
Allyson Ho, a partner at Gibson Dunn, agreed.
“The rights at stake in this case are doubly protected by the Constitution’s free speech and free exercise clauses,” Allyson Ho said. “Our client was deprived of those rights, and he deserves his day in court to vindicate those rights.”
