Court Issues Preliminary Injunction Allowing Evangelist To Preach On Public Plaza

In Borden v. City of Modesto, (ED CA, Nov. 19, 2008), a California federal district court issued a preliminary injunction requiring the city of Modesto to give evangelist Kevin Borden equal access to the city's pedestrian Tenth Street Plaza to preach and proselytize. In its 22-page opinion, the court held that the entire Plaza is a public forum. Brenden Theaters, located adjacent to the Plaza, on various week end nights rented out part of the Plaza for parties. At those times it excluded Borden from the rented barricaded area, even though the rented area was essentially open to anyone else. The court held that the city may not delegate to those who rent out space unfettered discretion to exclude entry. The preliminary injunction-- which will remain in effect while the action is pending-- however allows exclusion of Borden when space is rented out for truly private events or for expression of a particular message. Alliance Defense Fund issued a release discussing the decision.