Sidewalk preacher, city of Hastings reach settlement
Posted: Wednesday, February 06, 2008
OMAHA, Neb. (AP) -- A man who says Hastings police kept him from publicly preaching on a city right of way near a local college has reached a settlement with the city.
Kevin Pulver of Kenesaw said in his lawsuit that police chased him from a sidewalk near Hastings College three different times in 2005.
Pulver sued the city and police in U.S. District Court last year, saying his constitutional rights had been violated. He wanted a Hastings' city ordinance defining "disturbing the peace" declared unconstitutional, as well as an undetermined amount in damages.
The settlement requires the city to repeal its ordinance on disturbing the peace within 30 days and to pay $1 to Pulver in damages. The city must also pay $10,000 in attorney's fees and expenses.
According the complaint filed by Pulver, he is a self-employed plumber and Christian who "attempts to share his religious beliefs with others on the public ways" and prefers to "convey his convictions on public ways near college campuses."
Pulver's complaint said that he was repeatedly singled out by police officers and threatened more than 13 times with citation and arrest. Pulver said the threats led him to stop his public preaching.
Pulver was represented by Nate Kellum of Memphis, Tenn., with the Alliance Defense Fund, a religious liberty legal group founded by James Dobson of Focus on the Family and other influential evangelicals.
"Speech is protected under the First Amendment regardless of whether it is considered to be bothersome or controversial," Kellum said. "This outcome demonstrates that Hastings officials understand that and therefore are less likely to try to stop our client or any person of faith from sharing his or her views in a public area where the Constitution protects such speech."
A message left for Hastings City Attorney Bob Sullivan was not immediately returned Tuesday.
On the Net:
U.S. District Court for Nebraska: http://www.ned.uscourts.gov/
Alliance Defense Fund: http://www.alliancedefensefund.org/main/default.aspx
City of Hastings: http://www.cityofhastings.org/
Kevin Pulver of Kenesaw said in his lawsuit that police chased him from a sidewalk near Hastings College three different times in 2005.
Pulver sued the city and police in U.S. District Court last year, saying his constitutional rights had been violated. He wanted a Hastings' city ordinance defining "disturbing the peace" declared unconstitutional, as well as an undetermined amount in damages.
The settlement requires the city to repeal its ordinance on disturbing the peace within 30 days and to pay $1 to Pulver in damages. The city must also pay $10,000 in attorney's fees and expenses.
According the complaint filed by Pulver, he is a self-employed plumber and Christian who "attempts to share his religious beliefs with others on the public ways" and prefers to "convey his convictions on public ways near college campuses."
Pulver's complaint said that he was repeatedly singled out by police officers and threatened more than 13 times with citation and arrest. Pulver said the threats led him to stop his public preaching.
Pulver was represented by Nate Kellum of Memphis, Tenn., with the Alliance Defense Fund, a religious liberty legal group founded by James Dobson of Focus on the Family and other influential evangelicals.
"Speech is protected under the First Amendment regardless of whether it is considered to be bothersome or controversial," Kellum said. "This outcome demonstrates that Hastings officials understand that and therefore are less likely to try to stop our client or any person of faith from sharing his or her views in a public area where the Constitution protects such speech."
A message left for Hastings City Attorney Bob Sullivan was not immediately returned Tuesday.
On the Net:
U.S. District Court for Nebraska: http://www.ned.uscourts.gov/
Alliance Defense Fund: http://www.alliancedefensefund.org/main/default.aspx
City of Hastings: http://www.cityofhastings.org/
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Mr Good wrote on Feb 8, 2008 3:18 PM:
And three cheers to the Alliance Defence Fund for their FREE LEGAL REPRESENTATION. God's tithes and offerings paid for that victory for everyone's free speech.
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