News Release
For Immediate Release: 3.14.25
Contact: John Manning, media@firstliberty.org
Direct: 972-941-4453
Mississippi Man Blocked from Suing City Over Civil Rights Violation Appeals to U.S. Supreme Court
A distorted court precedent prevents Gabriel Olivier from challenging a local ordinance that violates his constitutional rights.
Washington, DC— First Liberty Institute and attorneys with the law firm Gibson Dunn filed a petition at the Supreme Court of the United States today asking the Justices to reverse a lower court decision that bars Gabriel Olivier from challenging a Brandon, MS ordinance that prohibits religious speech on a public sidewalk near the city’s amphitheater.
You can read the petition here.
“No American should face criminal charges for sharing their faith in a public space,” said Kelly Shackelford, CEO, First Liberty Institute. “The First Amendment guarantees all Americans the right to express their point of view, religious or secular, perhaps no more so than on a public sidewalk.”
“The rights at stake in this case are doubly protected by the Constitution’s free speech and free exercise clauses,” said Allyson Ho, a partner at Gibson Dunn. “Our client was deprived of those rights, and he deserves his day in court to vindicate those rights.”
Gabriel Olivier is an evangelical Christian who desires to share his faith with others. Standing outside of well-attended events, Olivier shares the gospel of Jesus Christ, hoping to have peaceful conversations and reach as many people as possible. He was silenced when the City of Brandon, Mississippi, adopted an unconstitutional ordinance that prohibits him from communicating his religious beliefs to others in a city park. Dissatisfied with the designated “protest” area that was so far removed from the crowds no one could hear his message, he moved closer to the people to share his message and City police arrested him for violating the ordinance. After paying a fine, he sued the city in federal court and challenged the constitutionality of the ordinance.
The district court dismissed his lawsuit without considering the merits, relying on a U.S. Supreme Court decision in Heck v. Humphrey that specifically applies to prisoners but prevents him from pursuing any future claims that his civil rights were violated. The Fifth Circuit, too, ruled against Olivier.
In the petition, attorneys argue, “This Court’s intervention is needed to resolve an issue that has sharply divided the circuits—whether a person previously convicted under a law can bring a § 1983 suit to declare that law unconstitutional and prevent its future enforcement without running afoul of this Court’s decision in Heck… This petition is an ideal vehicle to decide this important, recurring question.”
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About First Liberty Institute
First Liberty Institute is a non-profit public interest law firm and the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.
To arrange an interview, contact John Manning at media@firstliberty.org or by calling 972-941-4453.
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