Court Rejects Street Preachers' Challenge To Permit Ordinance

In Bethel v. City of Montgomery, 2010 U.S. Dist. LEXIS 24949 (MD AL, March 2, 2010), two street preachers challenged the requirement imposed by Montgomery, Alabama that they obtain a permit before preaching on public streets. A federal magistrate judge rejected their facial challenge to the ordinance, concluding it is a neutral time, place and manner restriction that is permissible under the First Amendment. The magistrate judge also rejected plaintiffs' equal protection and Fourth Amendment claims, recommending that the complaint be dismissed.