"Street preachers Richard Penkoski and David Grisham were subjected to multiple violations of their First Amendment rights while attempting to preach on public property.

Upon arrival, they were immediately met by Fort Worth police officers who blocked their access to the public street and sidewalk, threatening both men with arrest for trespassing if they entered the area. When Grisham reminded officers that he had previously sued the City of Fort Worth in 2014 over this exact issue – a lawsuit that resulted in a settlement and an official apology from the city – the officer dismissed the prior case, stating, "I don’t care, you can file whatever lawsuit you want.”

After being forced outside the barricades, the confrontation escalated as multiple officers allegedly threatened to cite the men based on the subjective reactions of attendees. A female officer stated they would be cited if they said anything "offensive.” When Penkoski responded that offensive speech is protected under the Constitution and is not a crime, the officer claimed it fell under disorderly conduct, stating, "Well, yes, that is the conduct.”

Another officer further confirmed that citations would be based solely on whether others were offended. When Penkoski asked whether calling a biological male a "male” would result in a citation if someone took offense, the officer responded that if he continued doing so and someone found it offensive, he would be cited. Penkoski also pointed out that he was deeply offended by half-naked men walking around children at the event, but the officer dismissed the complaint, responding, "There’s really not much I can do about that.”

During the encounter, Penkoski pulled up and directly showed an officer established U.S. Supreme Court precedent confirming that the government cannot prohibit citizens from accessing traditional public forums such as streets and sidewalks simply because a private group holds a permit. Although the officer acknowledged the information by responding, "Huh,” he continued enforcing the restriction. (This video will be in the thread)

As officers repeatedly pushed the preachers farther away from the event, David Grisham was ultimately issued a citation for "unreasonable noise.” When asked to explain what constituted unreasonable noise under the circumstances, officers were unable to provide a clear definition, vaguely suggesting it could involve "sticking a megaphone in someone’s ear” – which Penkoski states did not occur, as the megaphone was held at waist level – or simply offending people.

A Fort Worth PD spokesman on Monday provided The Christian Post with the following statement: "The Fort Worth Police Department is committed to protecting the constitutional rights of all individuals, including the right to free speech and peaceful assembly, while also ensuring public safety and enforcing applicable laws and ordinances.

Posted by: Timothy Birdnow at 08:38 AM | No Comments | Add Comment
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