by Jayla Ward • 2 minutes
We are pleased to announce a victory in federal court for our client, Ernest Giardino.
A federal district court recently issued an order that stops the Town of Chapin, South Carolina from enforcing a local ordinance that kept Ernie from holding religious signs on public ways town without a permit. The Town revised its ordinance, which restores Ernie’s religious liberty and his right to share his faith in public.
“Mr. Giardino just wants to share his Christian faith with others,” said Senior Counsel Nate Kellum. “We commend the Town for revising the ordinance language so Mr. Giardino can live out his faith in the public sphere.”
For eight months, Ernie stood on a public sidewalk holding a 20×24-inch sign attached to a short handle with messages like “Trust Christ He paid the price.” But the town’s ordinance required Ernie to obtain a “demonstration permit” in order to keep sharing his faith.
In June 2024, as Ernie was leaving, a Chapin police officer approached him, informing him that he needed the town’s permission to share his message via a sign. The next day, Ernie 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 our client a permit application for participating in a “demonstration.”
This permit required him to give a two-week advance notice and limited him to holding his sign for only 30 minutes. Additionally, he was told that he would need to change sidewalk corners every 15 minutes while holding a sign.
Of all places, people in America should not have to get government permission to exercise their fundamental right to express their beliefs, whether religious or secular, on a public sidewalk.
We filed a federal lawsuit against the city for its unconstitutional permit scheme. In September, a federal district court granted a preliminary injunction that blocked the ordinance, allowing Ernie to continue to hold his signs while the case proceeded in court.
With its most recent order, the federal court approved an agreement between the town and our client that brings the case to a close—giving Ernie full freedom to exercise his rights and share his faith. The agreement also requires the town to pay nominal damages and attorneys’ fees.
Wins like these are incredibly significant to those involved. They make a big difference in the lives of Americans who want to exercise their constitutional rights and live in liberty.
You’re the driving force that helps deliver these crucial victories. Because of your support, Ernie isn’t the only one who wins. This is a win for every citizen in Chapin. It ensures that anyone who wants to share their faith can do so—freely and without unconstitutional restrictions.
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