Court Says Religious Handbilling In Park Must Be Permitted

In Apple of His Eye, Inc. v. City of St. Louis, Missouri, (ED MO, June 24, 2008), a Missouri federal district court issued a preliminary injunction preventing enforcement of a city ordinance that prohibits distribution of literature in public parks. The lawsuit was brought by individuals who were prevented from handing out religious literature and expressing their religious beliefs during the 2006 gay pride festival held in St. Louis' Tower Grove Park. The court held that: "enjoining the enforcement of § 22.16.100, thereby allowing Plaintiffs to distribute their religious literature and express their religious views in a City park, does not significantly impinge on the public interest, as long as the City retains the authority to enforce other Code provisions which are content-neutral reasonable time, place and manner restrictions, in order to maintain public safety and order." The court also enjoined enforcement of a provision making handbill distributors responsible for proper disposal of the handbills within a 100 foot radius of their distribution. Alliance Defense Fund issued a release on the decision on Thursday.