by Jayla Ward • 2 minutes
This week, First Liberty sent a letter to the City of Morristown, Tennessee, demanding that nearby resident Brad Tumey be allowed to host a candlelight vigil at the downtown green space to honor Charlie Kirk’s legacy.
“After last week’s tragic loss, many Americans are shaken and grieving,” said First Liberty Senior Counsel Nate Kellum. “Mr. Tumey simply wants to bring people together to inspire encouragement and hope in his town. It is outrageous that Morristown singles out religious as well as political speech for censorship. These are the very forms of expression the First Amendment is designed to protect. Morristown’s ordinance is blatantly unconstitutional.”
Following the news of Charlie Kirk’s passing, Brad and others in the community decided they’d gather to pray on the downtown green space, which is owned and maintained by the City.
However, a director for the local Chamber of Commerce told them that events held on the green required a pre-approved permit from the City and that religious activities in particular were not allowed.
Although these comments gave him reason for pause, he had a hard time believing the City would censor religious activity and speech. But that’s exactly what happened.
On Monday, the City doubled down and said that the gathering required permits. However, Brad was then told that the permit would not be approved because a City ordinance prohibits the use of the public space for “political and religious activities.
According to the event permit application and local ordinance, the City welcomes the public to reserve the downtown green for both public and private events, such as car shows, concerts, corporate meetings, or even family gatherings. Yet, any religious activity is outright banned.
A local business could gather with its employees to engage in team-building exercises, but a local church leadership team could not. The question at the core of the City’s decision to approve or deny a permit is whether religion is involved.
First Liberty attorneys informed the City that the blanket ban on religious activity violates Brad’s constitutional right to freedom of speech and his right to freely exercise his religion. We also explained that the City’s policy directly violates the state of Tennessee’s Religious Freedom Restoration Act, which prohibits any government entity from suppressing a citizen’s free exercise of religion.
Our letter asks the City to grant Brad’s request to organize a vigil on Friday September 19, so he can freely express his faith along with so many others in his community who are turning to faith as they grieve and process the tragedy of Kirk’s death.
Stopping someone from peacefully gathering and praying in a public space is contrary to what religious freedom and free speech in America are all about. The City needs to do what’s right, follow the law, and provide assurance that it will no longer enforce its unconstitutional policy.
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