It started last October at the Snoqualmie, Washington, Salmon Days Festival where Paul Ascherl, an evangelical Christian, began passing out literature of a religious nature. Police threatened to arrest him for violating an Issaquah ordinance that restricts leafleting to certain zones.
Ascherl filed a lawsuit through the Alliance Defense Fund (ADF) which challenged the constitutionality of the ordinance. It cited that since the zones were located in areas that were "practically impossible to engage in any effective expression," it posed an "intolerable burden" for Ascherl in trying to reach his intended audience.
According to Nate Kellum of the ADF, the ordinance violates the "constitutionally protected right to free speech in public areas at a free event that's open to everyone."
"Christians shouldn't be threatened with arrest and censored by being quarantined to isolated 'expression areas' when they want to share their beliefs."
Ascherl won the lawsuit
Judge Pechman found the City's arguments unconvincing and primarily speculative about Ascherl's activities creating congestion.
She also noted that the city allows many activities that create more congestion than Ascherl's proposed plan, "which undermines the credibility of its professed interest in minimizing congestion and ensuring public safety." She wrote:
"[T]he City allows people to dress up in animal costumes, carry large signs, purchase and eat food, and perform music on its downtown sidewalks and streets. All of these activities are more likely to cause congestion than allowing Ascherl and others to distribute literature."
Furthermore, she agreed that the law was unconstitutional, violating Ascherl's first-amendment right to free speech.
In regard to changing the ordinance, city officials plan to meet with their legal team to "assess next steps."
Snoqualmie man wins free-speech lawsuit against Issaquah's Salmon Days
Snoqualmie Valley Record "Kellum reported that Ascherl 'was thrilled that the federal judge has recognized his constitutional right.' Distributing literature and talking about Jesus Christ with others 'is a tenet of his faith,' said Kellum. 'He feels really strongly about it.'"
Comments