by Jorge Gomez • 3 minutes
In a major victory for the First Amendment as well as common sense, the U.S. Supreme Court unanimously ruled that our client Gabe Olivier can have his day in court to challenge a city ordinance that stifles his religious freedoms.
The City of Brandon, Mississippi passed an unconstitutional ordinance that bans Gabe from sharing his faith in a public park near a popular amphitheater. It forces him to go to a remote “protest area” some 300 feet from pedestrian foot traffic, where his message can’t be heard or seen. He was arrested and fined when he refused to stay inside the tiny marked-off ”protest” zone.
Seeking relief, Gabe filed a lawsuit challenging future enforcement of the ordinance. But because of a misunderstanding of the law, the district court dismissed his claim without ever considering the merits of it, denying him his day in court.
The 9-0 decision in Olivier v. City of Brandon is a tremendous victory that rectifies this wrong, bolstering the right of Gabe and all of us to live out our faith in public. Americans should be able to rely on the judiciary to protect our constitutional rights. This decision is a victory for every American who cherishes these fundamental freedoms.
The Supreme Court’s ruling reaffirms the right of every citizen to his day in court to ensure his constitutional freedoms.
When the district court dismissed Gabe’s case, it relied on Heck v. Humphrey, a 1994 Supreme Court decision that specifically limits criminals from challenging the law under which they were convicted in order to get out of jail. The U.S. Court of Appeals for the Fifth Circuit affirmed this decision and refused to grant review of the case.
Gabe, however, never went to jail. He simply pleaded “no contest” and paid a $304 fine. The court wrongly applied Heck to his case, keeping Gabe from pursuing any claims challenging the ordinance in the future.
Speaking on behalf of the Court in a unanimous decision, Justice Elena Kagan noted the misuse of Heck in holding Gabe’s fine had no “bearing on Olivier’s suit seeking a purely prospective remedy.”
“The suit, after all, is not about what Olivier did in the past, and depends on no proof addressed to his prior conviction,” Kagan wrote. “Unlike in Heck, the suit merely attempts to prevent a future prosecution. So, the Heck bar does not come into play.”
This important principle means Gabe will be able to return to court and make his case that the ordinance violates his constitutional rights to religious liberty and free speech and enjoin it from ever applying to his speech in the future.
“My goal from the beginning was to regain my rights as an American citizen under our great Constitution,” Gabe said. “Now all people with deeply held Christian religious beliefs who are called to share the Good News can do so in the public arena without fear of reprisal.”
The Court’s decision doesn’t just impact one Mississippi evangelist. It sets a precedent bolstering the civil rights and religious freedom of millions of Americans.
“This is not only a win for the right to share your faith in public,” said First Liberty President & CEO Kelly Shackelford, “but also a win for every American’s right to have their day in court when their First Amendment rights are violated.”
This Legal Battle Is Just Getting Started
Thanks to your support, First Liberty secured a huge win for Gabe and millions of Americans.
But we still have work to do. After this Supreme Court victory, we’re now tasked with challenging the local ordinance that silenced Gabe’s religious speech.
Sharing your faith in a public is a right guaranteed and protected under the First Amendment. Cities that criminalize or ban people of faith from expressing their beliefs are breaking the law and violating the Constitution.
Gabe is counting on your ongoing support in this next phase of his legal battle. Will you support him with a timely gift today?
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