Freedom of Speech and Freedom of Religion Under Attack in San Antonio

SAN ANTONIO, Sept. 9, 2010—A city ordinance designed to stop people from handing out commercial leaflets and handbills is now being used in a way that threatens freedom of speech and religion on the streets of San Antonio - by the same people who are called to protect them. 

Today, the American Center for Law and Justice (ACLJ) and the Liberty Institute are working together to file a federal lawsuit against the city of San Antonio, challenging the way police officers are applying part of the city municipal code. 

"They are misapplying the ordinance to stop our clients from expressing their faith.  We don't have a problem with the ordinance, just the way they are applying it," said ACLJ attorney Wesley Southerland.  "This goes to the heart of First Amendment principles."

One of the clients being represented in this case by the ACLJ and Liberty Institute is Jose Muniz, a full-time minister with Jesus Crew Street Ministries.  Attorneys say that while Muniz handed out Bible tracts and shared his faith with people, San Antonio police officers on multiple occasions have threatened to cite and even arrest him.  Each time they told Muniz he was violating Section 21-4 of the city municipal code. 

Applied correctly, the ordinance prohibits handbills to be issued in public areas for commercial or business interests.  The ordinance specifically states:  "This section is not intended to prevent the lawful distribution of anything other than commercial and business advertising."

"It is obvious when reading the city code that the ordinance does not prohibit Mr. Muniz or anyone from distributing Gospel tracts - in fact it's quite clear that it permits them to do so," said Southerland.

Attorneys with Liberty Institute and the ACLJ say what happened to Muniz isn't the only example of harassment.  Todd Leibovitz, a recent Bible college graduate, was arrested by a San Antonio police officer for sharing his faith on a public sidewalk.  Leibovitz was held in jail for 16 hours and cited for "peddling without a license."  The city of San Antonio prosecuted Leibovitz, but later dropped the criminal charges.  

"This is America.  No citizen should be threatened for engaging in free speech in public," said Kelly Shackelford, Liberty Institute's president and CEO.  "This was a flagrant violation of the Constitution."

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.  The ACLJ is online at www.aclj.org.  Its online newsroom is available at DeMossNews.com/ACLJ.

Led by President/CEO Kelly Shackelford, Liberty Institute is a public policy and nonprofit legal firm dedicated to protecting freedoms and strengthening families.  For more information visit www.libertyinstitute.org.

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