Christian Street Preacher's Civil Rights Claims Will Proceed To Trial

Marcavage v. City of Philadelphia, 2006 U.S. Dist. LEXIS 55643 (ED PA, Aug. 3, 2006), involves civil rights claims by Michael Anthony Marcavage, a devout Christian who believes that it is his "Biblical mandate" to educate people about "the sinful nature of our country." Marcavage engages in open-air preaching, distributing of Gospel literature, sidewalk ministering, and the displaying of signs opposing sexually oriented businesses, homosexuality and abortion. His activities have led to a series of encounters with police, including two arrests. A Pennsylvania federal district court refused to grant most of the motions by both plaintiff and defendants for summary judgment on Marcavage's free speech, free exercise of religion and equal protection claims, as well as certain other claims, finding that there are issues of fact as to whether Marcavage's activities threatened public safety and as to whether police reaction was based on the content of Marcavage's speech. The court did dismiss the claims against the city of Philadelphia that alleged failure to adequately train police and that city policy was to violate his rights.