Post by Jesse Morrell on Oct 31, 2007 7:51:48 GMT -5
Street preacher wants to sue city for ticket
Evangelist claims free speech rights were violated
October 21, 2007
By Kate R. Houlihan
Street preacher Elmer Christopherson of the Burning Hearts Outreach was holding this sign Sept. 2 near the intersection of Jefferson and Main streets in downtown Naperville, when he claims Naperville police ticketed him for being in violation of the city's sign ordinances.
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Staff writer A street evangelist has filed a "counterclaim" against the city of Naperville for an alleged violation of his free speech and free exercise of religion rights.
Elmer "Joe" Christopherson of Oswego filed the lawsuit Thursday in DuPage County Circuit Court. The suit states that at 11:43 p.m. Sept. 2 "while preaching and carrying a sign in downtown Naperville, Joe was cited for 'unlawful display of a noncommercial sign within 10 feet of the paved portion of the Jefferson and Main Street intersection.'"
No records of Christopherson's suit appear on the DuPage County clerk's Web site, but Christopherson's Sept. 2 citation for "display of a sign with appearance of movement" was there.
Nadja Lalvani, community relations manger for the city, said Friday afternoon that the city had no comment at this time.
Christopherson was carrying a 4-foot-by-6-foot sign on a 12-foot pole that said: "Lied, stolen, lusted? Abortion? Stop sinning. Call on the Lord Jesus and escape hell-fire BurningHeartsOutreach.com," according to the counterclaim.
The lawsuit said that Christopherson and other members of his group had been in Naperville to preach to crowds during the Last Fling celebration that weekend. In the evening, according to the suit, individuals "yelled at and generally harassed" the group.
"On at least two occasions, the Naperville police intervened and made the hecklers move," the counterclaim reads. "During these times, the police officers never said anything to Joe or his group, even though he was carrying the sign at about three feet from the curb."
The counterclaim states that after three hours of being there, two Naperville police officers approached the group and told Christopherson to remove the sign.
"Joe asked one of the officers, 'Am I breaking the law?'" the suit reads. "The officer then responded by saying 'That's it, I'm done, give me your license.' The officers then took Joe's license and started writing out the ticket. It was only then that the other officer explained the sign ordinances. The officers did not take the sign."
Christopherson and his group have been preaching at the location or nearby for about three years, and for four months with this particular sign, according to the suit.
City ordinances regulate the size of noncommercial signs as well as their location. They cannot cause danger to the public, be within 20 feet of intersections, within 10 feet of street pavement or where there is no sidewalk. No permits are required for such signs.
In the counterclaim, Christopherson requests the court dismiss the city's complaint, award him attorney's fees - as well as unspecified damages for violating his free speech rights - and prevent the city from interfering with his ministry.
Attorney Lee McCoy, of the Mauck & Baker law firm, is representing Christopherson.
Christopherson is due to appear in court Nov. 5.
Evangelist claims free speech rights were violated
October 21, 2007
By Kate R. Houlihan
Street preacher Elmer Christopherson of the Burning Hearts Outreach was holding this sign Sept. 2 near the intersection of Jefferson and Main streets in downtown Naperville, when he claims Naperville police ticketed him for being in violation of the city's sign ordinances.
---------------
Staff writer A street evangelist has filed a "counterclaim" against the city of Naperville for an alleged violation of his free speech and free exercise of religion rights.
Elmer "Joe" Christopherson of Oswego filed the lawsuit Thursday in DuPage County Circuit Court. The suit states that at 11:43 p.m. Sept. 2 "while preaching and carrying a sign in downtown Naperville, Joe was cited for 'unlawful display of a noncommercial sign within 10 feet of the paved portion of the Jefferson and Main Street intersection.'"
No records of Christopherson's suit appear on the DuPage County clerk's Web site, but Christopherson's Sept. 2 citation for "display of a sign with appearance of movement" was there.
Nadja Lalvani, community relations manger for the city, said Friday afternoon that the city had no comment at this time.
Christopherson was carrying a 4-foot-by-6-foot sign on a 12-foot pole that said: "Lied, stolen, lusted? Abortion? Stop sinning. Call on the Lord Jesus and escape hell-fire BurningHeartsOutreach.com," according to the counterclaim.
The lawsuit said that Christopherson and other members of his group had been in Naperville to preach to crowds during the Last Fling celebration that weekend. In the evening, according to the suit, individuals "yelled at and generally harassed" the group.
"On at least two occasions, the Naperville police intervened and made the hecklers move," the counterclaim reads. "During these times, the police officers never said anything to Joe or his group, even though he was carrying the sign at about three feet from the curb."
The counterclaim states that after three hours of being there, two Naperville police officers approached the group and told Christopherson to remove the sign.
"Joe asked one of the officers, 'Am I breaking the law?'" the suit reads. "The officer then responded by saying 'That's it, I'm done, give me your license.' The officers then took Joe's license and started writing out the ticket. It was only then that the other officer explained the sign ordinances. The officers did not take the sign."
Christopherson and his group have been preaching at the location or nearby for about three years, and for four months with this particular sign, according to the suit.
City ordinances regulate the size of noncommercial signs as well as their location. They cannot cause danger to the public, be within 20 feet of intersections, within 10 feet of street pavement or where there is no sidewalk. No permits are required for such signs.
In the counterclaim, Christopherson requests the court dismiss the city's complaint, award him attorney's fees - as well as unspecified damages for violating his free speech rights - and prevent the city from interfering with his ministry.
Attorney Lee McCoy, of the Mauck & Baker law firm, is representing Christopherson.
Christopherson is due to appear in court Nov. 5.