Summary Judgment Denied In Preachers' Challenge To LA Town Over Protest Rights

The U.S. 5th Circuit Court of Appeals on Wednesday refused to grant summary judgment to either side in a suit brought by several demonstrators who claim their free exercise, free speech and freedom of assembly rights were infringed when one demonstrator was arrested and others were threatened with arrest by Columbia, Louisiana police. Worldwide Street Preachers Fellowship v. Town of Columbia, (5th Cir., June 6, 2007), was a suit brought following several demonstrations by an organization of street preachers carrying signs decrying sin and calling for repentance. Some of the signs were critical of abortion, homosexuals, and women pastors, and one carried pictures of aborted fetuses. The court held that a crucial question in the case is the state's motivation in arresting and threatening arrest of the demonstrators. Disputed issues of fact require the case to go to trial to determine whether police action was content-based or content neutral.