Judge Finds Christians Have a Right to Share Their Faith at Public Street Festival

Mauck & Baker attorneys obtain summary judgment on the unconstitutionality of the City of Chicago’s policy.

CHICAGO – On May 31, 2011, Pastor Frank Teesdale and his attorneys at Mauck & Baker, LLC, received the good news from the United States District Court that Federal Judge William T. Hart had found the City of Chicago’s policy on religious leafleting and street evangelism at a Chicago street festival to be unconstitutional. Pastor Teesdale and nine other members of Garfield Ridge Baptist Church can now freely move about the public streets and share their faith in Jesus with others at the festivals without fear of arrest.

“Pastor Teesdale and his congregation realized that if we do not use and defend our rights, we will lose them.” said Noel Sterett, an attorney with Mauck & Baker. “I applaud the courage and perseverance that it took for them to go toe-to-toe with the City for these last three years.”

On July 12, 2008, Pastor Teesdale along with a group from his church entered the public streets during the St. Symphorosa Family Fest which was open to the public without charge and on permit from the City. Not long after Pastor Teesdale had begun handing out gospel tracts, an armed police officer working security told Teesdale and his group to that they had to leave. Knowing his rights to speak on the public streets, Pastor Teesdale stood his ground and was arrested and charged with “criminal trespass to property,” a charge the officer later admitted was improper.

The criminal case against Pastor Teesdale was dismissed in May 2009 when the City of Chicago failed to prosecute and a civil suit against the City and arresting officers was filed in July 2009. In opposition to the Teesdale’s suit, the City maintained its position that it could enforce its permit scheme to exclude people “who wished to convey a message antithetical to St. Symphorosa or the Catholic Church.” Even after Judge Hart rejected the City’s position in 2010 in an order denying the City’s motion to dismiss, the City refused to withdraw its position or promise to not interfere with further attempts by the plaintiffs to speak at the Fest. Consequently, Judge Hart issued this most recent order citing his former holding that “the City cannot constitutionally prevent plaintiffs from engaging in such speech.”

“We praise God for allowing us to share the good news of Jesus Christ. We also thank Mauck & Baker for standing with us. Without their help, the City of Chicago would not only have silenced us, but also deprived several thousand people of the opportunity to decide for themselves how to respond to this message of hope.” said Pastor Teesdale.

Full Opinion:

http://mauckbaker.com/CB1FDC/assets/files/News/Teesdale%20Opinion%20and%20Order_May%2026,%202011.pdf

CONTACT MAUCK & BAKER at             (312) 726-6454       or www.tcpr.net