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South Carolinian Forced to Obtain Town Permit for Holding Religious Sign on Public Right of Way Sues

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July 16, 2025

News Release
 For Immediate Release: 7.16.25
 Contact: Natalie Konstans, media@firstliberty.org
Direct: 972-941-4453

South Carolinian Forced to Obtain Town Permit for Holding Religious Sign on Public Right of Way Sues

Town’s attempt to regulate speech and suppress religious expression on a public sidewalk is unconstitutional and an arbitrary overreach, law firm says.

Chapin, SC—First Liberty Institute filed a federal lawsuit and motion for preliminary injunction against the Town of Chapin, South Carolina on behalf of local resident Ernest Giardino after he was told a permit was required to hold a sign and share his faith on a public right of way.

You can read the complaint here, and motion for preliminary injunction here.

“No one should be forced to ask the government’s permission to express their faith in a public space,” said First Liberty Senior Counsel Nate Kellum. “The First Amendment is his permit. Like any citizen in any city in America, Mr. Giardino is free to peacefully share his religious beliefs on a public sidewalk. Chapin’s ordinance is overbroad, unconstitutional, and must be repealed or enjoined.”

Ernest Giardino was on a public sidewalk at the intersection of Old Lexington Road and Chapin Road on June 20, 2024, holding a 20×24 inch sign attached to a short handle, which read “Trust Christ He paid the price” on one side and “He Saved Others—Jesus—He’ll Save You” on the other side. He had held similar signs on Chapin sidewalks for the previous eight months without incident. However, on this day as Mr. Giardino was leaving, a Chapin police officer approached Mr. Giardino and informed him that he needed Chapin’s permission to share his message with a sign.

The next day, Mr. Giardino spoke with the Code Enforcement Officer and the Chief of Police in person about this surprising development.  Though cordial, both confirmed the need for a permit for his speech, handing Mr. Giardino a permit application. The permits limited Mr. Giardino to holding his sign for only 30 minutes. Additionally, he was advised that he would need to change sidewalk corners every 15 minutes while holding a sign.

The complaint argues, “The onerous requirements Chapin imposes on Giardino’s religious speech deters him from engaging in his constitutionally protected expression on public ways.”

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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 Natalie Konstans at media@firstliberty.org or by calling 972-941-4453.

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