Showing posts with label Demonstration. Show all posts
Showing posts with label Demonstration. Show all posts

Thursday, July 17, 2025

Christian Evangelist Challenges Town's Permit Requirement for Carrying Sign

Suit was filed this week in a South Carolina federal district court challenging the application of Chapin, South Carolina's "Parades, Demonstrating, Picketing" Ordinance to plaintiff's carrying of a religious sign on public rights of way. The complaint (full text) in Giardino v. Town of Chapin, South Carolina, (D SC, filed 7/15/2025), alleges in part:

2. Chapin interprets and applies the Ordinance regulating “demonstrations” to engulf Giardino’s use of religious signs while standing on public rights-of-way in town limits, requiring him to (i) apply for a permit to hold a sign on a public way, (ii) supply fourteen-day advance notice of his use of a sign, (iii) divulge identity and content of his sign, (iv) conditioned on standardless approval of the Mayor, and, if approved, (v) limit his time holding a sign to thirty minutes, and (vi) to move to a different spot after fifteen minutes...

12. Giardino is an evangelical Christian driven by his faith to share the good news of Jesus Christ (gospel) with others. 

13. He wants to inform others of the salvation they can find by believing in Jesus Christ and accepting Him as their savior.   

14. To convey this evangelistic message, Giardino holds a 20-inch by 24-inch sign attached to a short handle containing a short, pithy statement about the gospel while standing on a public sidewalk or public right-of-way in the town limits of Chapin, South Carolina.

The complaint alleges that enforcement of the Ordinance violates plaintiff's free speech, free exercise and due process rights, as well as South Carolina's Religious Freedom Act. Plaintiff also filed a Memorandum in Support of Motion for Preliminary Injunction.

First Liberty issued a press release announcing the filing of the lawsuit.

Tuesday, March 11, 2025

Suit Challenges NYPD's Forcible Removal of Hijabs as Crowd Control Tactic

Suit was filed this week in a New York federal district court challenging the practice of the New York Police Department of forcibly and publicly removing Muslim women's hijabs as a method of crowd control at demonstrations. The complaint (full text) in Council on American-Islamic Relations New York v. City of New York, (SD NY, filed 3/9/2025) contends that the practice violates the free exercise and free speech protections of the U.S. and New York Constitutions, as well as the 4th Amendment and other provisions of New York law. CAIR issued a press release announcing the filing of the lawsuit.

Thursday, June 06, 2024

UCLA Students Sue University For Failing to Protect Jewish Students

Three Jewish students at UCLA yesterday filed a civil rights lawsuit in a California federal district court alleging that the University, by tolerating widespread antisemitic behavior, has violated a lengthy list of state and federal statutory and constitutional provisions.  The complaint (full text) alleges in part:

1.  The University of California, Los Angeles ..., has deteriorated into a hotbed of antisemitism. This rampant anti-Jewish environment burst into view on October 8, 2023, the day after Hamas terrorists attacked Israel....

2. In the wake of these horrifying events, UCLA should have taken steps to ensure that its Jewish students were safe and protected from harassment and undeterred in obtaining full access to campus facilities. Instead, UCLA officials routinely turned their backs on Jewish students, aiding and abetting a culture that has allowed calls for the annihilation of the Jewish people, Nazi symbolism, and religious slurs to go unchecked....

4. Starting on April 25, 2024, and continuing until May 2, 2024, UCLA allowed a group of activists to set up barricades in the center of campus and establish an encampment that blocked access to critical educational infrastructure on campus....

6. With the knowledge and acquiescence of UCLA officials, the activists enforced what was effectively a “Jew Exclusion Zone,” segregating Jewish students and preventing them from accessing the heart of campus, including classroom buildings and the main undergraduate library....

11. Yet even as the activists continued to enforce the Jew Exclusion Zone, Defendants not only failed to marshal resources to intervene— they adopted a policy facilitating the Jew Exclusion Zone.....

19. The administration’s cowardly abdication of its duty to ensure unfettered access to UCLA’s educational opportunities and to protect the Jewish community is not only immoral—it is illegal.  

20. Specifically, it violates numerous federal and state constitutional guarantees, including the Equal Protection Clause, the Free Exercise Clause, and the freedom of speech.  

21. And it contravenes the basic guarantee of equal access to educational facilities that receive federal funding, as well as numerous other statutory guarantees of equality and fair treatment.

Fox 11 reports on the lawsuit. Becket Fund issued a press release announcing the filing of the suit.

 

Sunday, July 10, 2022

Damage Claim For Denying Lincoln Memorial Religious Demonstration Permit Dismissed

In Ferguson v. Owen, (D DC, July 8, 2022), a D.C. federal district court dismissed, with leave to amend, a suit for damages against the head of the National Park Service Division of Permits Management for refusing plaintiff a permit for a 4-month long demonstration at the Lincoln Memorial.  He was offered a permit to demonstrate at the Korean War Veterans Memorial site. Plaintiff, a street musician, wanted to convey a religious/ political message.  The court rejected plaintiff's RFRA claim, finding that the denial had not imposed a substantial burden on his religious exercise, saying in part:

Must an individual have a central religious belief that requires demonstrating at the Lincoln Memorial in order for the denial of permit applications to demonstrate at the Lincoln Memorial—accompanied by the approval of permit applications to demonstrate at nearby locations—to constitute a substantial burden under RFRA? The answer to this question is yes.

The court also rejected plaintiff's 1st Amendment claim, refusing to extend implied Bivens causes of action to this type of claim.