Louisiana cops can help if speech annoys

A town in Louisiana has begun using a vaguely written ordinance aimed at preventing public disturbances to stifle the biblical message of a Christian who wanted to present his beliefs on a public street.

In the case of John Netherland, authorities in the town of Zachary have warned he would be arrested if his verbal message in any way "annoys" someone else, according to the Alliance Defense Fund, an Arizona-based group that defends religious liberty.

Attorneys with the organization have filed a lawsuit and are seeking a preliminary injunction to prevent city police from arresting Netherland, who wants to present his religious message on a public sidewalk outside of a bar.

Citing an ordinance prohibiting speech that is "annoying" or "offensive," an officer had threatened Netherland with arrest.

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"Christian expression is not second-class speech and should not be treated as such," said Kevin Theriot, the ADF's senior counsel. "Unfortunately, that's exactly what happened when a policeman for the city of Zachary threatened a Christian with arrest and prosecution simply because the expression was religious and some people might not like it.

"The Constitution prohibits government officials from singling out religious speech for censorship," he said.

In November, Netherland was on a public easement about 75 feet from the bar when a police officer first told him to move to the far side of the public property. The officer then told him he would be arrested anyway for "disturbing the peace."

Netherland left but then contacted ADF, which investigated and filed the action.

The City of Zachary Code of Ordinances includes a section on "disturbing the peace," which prohibits "addressing any offensive, derisive, or annoying words to any other person…or call[ing] him by any offensive or derisive name, or mak[ing] any noise or exclamation in his presence and hearing with the intent to deride, offend, or annoy him….," according to the ADF.

However, it does not define any of the terms used, ncluding "disturb," "offensive," "annoying," and "noise."

"Both the city ordinance and the policeman's application of the ordinance are blatantly unconstitutional," said Theriot. "There is no right for government to harass and threaten citizens exercising their First Amendment rights in public. We hope the court will grant our motion for preliminary injunction so that Mr. Netherland can freely speak at his desired location on public property while this case moves forward."

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