Preliminary Injunction Protects Preacher From Disturbing-the-Peace Arrests

In Netherland v. City of Zachary, Louisiana, (MD LA, Nov. 30, 2007), a Louisiana federal district court issued a preliminary injunction against the enforcement of a city's disturbing-the- peace ordinance. The suit was brought by John Netherland, a Christian who found faith while battling alcoholism. Netherland was threatened with arrest by police for preaching loudly at local bar patrons from a public area next to the bar's parking lot. The court held that in their application of the ordinance, which bans offensive and annoying words, police were imposing a content-based restriction on speech in a traditional public forum. The court concluded that the ordinance is vague and overbroad, and infringes Netherland's right to free speech and free exercise of religion. Bar patrons' interest in being let alone did not justify the restriction on Netherland's speech. Alliance Defense Fund yesterday issued a release supporting the court's decision. (See prior related posting.)