by Jorge Gomez • 1 minute
The Town of Chapin, South Carolina says you need a permit to share your faith on a public sidewalk.
In June, Ernest Giardino—a local resident—was on a public sidewalk at the intersection of Old Lexington Road and Chapin Road. He was holding a 20 x 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’d held similar signs on Chapin sidewalks for the previous eight months without incident. However, on that day, as Ernie was leaving, a Chapin police officer approached him and told him that he needed permission to share his message via sign.
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 him a permit application for participating in a demonstration. The permit ordinance forces Ernie give a 14-day advance notice of his use of a sign, limits his time to hold his sign to 30 minutes, and causes him to change sidewalk corners every 15 minutes.
First Liberty sent a letter to the town this week on behalf of Ernie. Our attorneys explain the town ordinance violates his constitutional rights by placing arbitrary and onerous burdens on his peaceful and non-obstructive religious expression.
“Mr. Giardino does not need the Town’s permission to express his faith in public,” said First Liberty Senior Counsel Nate Kellum. “The First Amendment is his permit, allowing any citizen in any city in America to peacefully share their religious beliefs on a public sidewalk. The additional requirements on his peaceful speech – 14-day advance notice, 15-minute relocation, and 30-minute cap, compound the constitutional concerns. Chapin’s ordinance is overbroad, unconstitutional, and must be repealed or enjoined.”
Of all places, Americans have a fundamental right to express their beliefs, whether religious or secular, on a public sidewalk.
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