Victory against gospel ban in public park

Fort Macon State Park located in Atlantic Beach along North Carolina's coast

In a freedom of speech victory, state park officials have agreed to settle a lawsuit with a church after they demanded members obtain a permit before speaking about Jesus Christ.

Liberty Counsel filed a federal lawsuit against the North Carolina Division of Parks and Recreation after Fort Macon State Park officials threatened members of Grace Baptist Church for sharing the gospel.

Church members played games, went swimming in the ocean, held a picnic and told park visitors about Jesus Christ. They also handed out bottles of water as part of their fellowship.

Park Ranger Richard Crocker warned members of the group that they were prohibited to communicate with other people in the park unless they had a permit to do so. Grace Baptist Church Pastor Tony Rivers was told that if he continued, he would receive a citation for violating park rule Title 15A Section 12B.1105 of the North Carolina Administrative Code.

The rule stated: "A person shall not hold any meeting, or exhibitions, perform any ceremony, or make any speech, unless he has a permit."

The policy offered no definition for "meeting," "exhibition," "ceremony" or "speech." Even very small groups were required to pay a minimum of $30 for a permit.

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Liberty Counsel sent a letter to Parks and Recreation Director Lewis Ledford stating that the rangers' treatment of the church group was unconstitutional, demanding an apology and asking for re-evaluation of the policy.

However, Ledford simply defended the park's permit policy and Crocker's actions.

Liberty Counsel then filed suit.

Mathew Staver, founder of Liberty Counsel and dean of Liberty University School of Law, warned, "Permits for speech are prior restraints on speech, and in most cases such restraints are unconstitutional. It makes no sense to require a single individual to obtain a license to speak to another person in a public park."

Liberty Counsel collaborated with the state attorney general's office to revise the rule that restricted church members from speaking about the gospel without a permit.

Only one day before the injunction hearing, the state agreed to sign a settlement and pay attorney's fees.

"Prior permits stifle spontaneous speech," Staver said in a statement. "Of all places, public parks are places where speech should flourish and where it has historically received the highest protection. This prior permit policy is indefensible. We are pleased with the resolution of this case."

 

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