Officials in an Illinois town have been accused of adopting an “unwritten policy: Pro-life voices are not welcome in public spaces.”
And they’ll face a court judgment for their “unconstitutional viewpoint discrimination,” according to the American Center for Law and Justice.
The lawsuit against Carbondale, Illinois, alleges the city has gone into unconstitutional territory by censoring residents’ speech in their signs.
“We argue that the city’s ordinance is unconstitutionally vague and arbitrarily enforced. Worse still, the city is applying the law in a discriminatory fashion to silence religious and pro-life speech,” the ACLJ explained.
Their client “wasn’t just threatened with enforcement – he was outright denied the ability to even apply for a permit that the ordinance specifically allows for nonprofits like his. This is a textbook case of unconstitutional viewpoint discrimination, enforcing a policy in one way for some people and another way for others.”
The legal team said the dispute arose over efforts by a pastor and his parishioners who were being targeted with criminal citations by police “just for having pro-life signs.”
The ACLJ said it de-escalated that, and followed up with a letter, which the city “completely ignored.”
“That is why we have now filed a federal lawsuit to protect the constitutional rights of Brandon – a sidewalk counselor who believes his mission field is to proclaim the Gospel and minister to women in crisis pregnancies – who was threatened with a citation and possible arrest for having pro-life signs on public property outside of an abortion clinic.”
The situation happened when the founder of a pro-life sidewalk counseling ministry “was peacefully advocating for life outside an abortion clinic in Carbondale. He was joined by other pro-life advocates. They carried small yard signs offering free baby supplies and life-affirming messages such as ‘We will adopt your baby’ and ‘Love your preborn neighbor as yourself.’
That’s when the trouble began.”
The city’s lawyer ordered another city official to tell Brandon that “all signs” were prohibited.
That’s even though the city’s own ordinance allows them.
“Brandon was informed that unless he removed the signs immediately, the police would be called, and he could face a citation and the confiscation of his property. When Brandon asserted that he had the right to demonstrate against abortion under the First Amendment, the city’s representative flippantly told him, ‘No, you don’t.’”
When Brandon applied for a permit, under the city’s own requirements, he was refused again.
The demand letter, the ACLJ said, “made it clear that Brandon’s speech was constitutionally protected, the city’s ordinance was unconstitutionally vague and chilled First Amendment speech when applied, and the city’s treatment of our client amounted to viewpoint discrimination.”
From the city? Nothing.
“Their silence speaks volumes. Carbondale’s officials have effectively adopted an unwritten policy: Pro-life voices are not welcome in public spaces,” the ACLJ said.
So it has filed a federal lawsuit against the city, its lawyer and others, seeking to protect Brandon’s constitutional rights.
“This is a textbook case of unconstitutional viewpoint discrimination, enforcing a policy in one way for some people and another way for others,” the legal team said.
