Judge blasts state ban on distributing Bibles to students

20-06-2008

Law unconstitutional because it 'encourages arbitrary enforcement'

June 19, 2008 - A federal court has declared a Florida law banning representatives of the Gideons from handing out Bibles within 500 feet of any school in the state unconstitutional because it is vague and actually "encourages arbitrary enforcement."

The ruling in a case brought by the Alliance Defense Fund comes from U.S. District Court Judge K. Michael Moore and addresses an incident that developed Jan. 19, 2007, at Key Largo School, run by Principal Annette Martinson.

The law actually prohibits anyone without "legitimate business" from being within 500 feet of schools in the state and specifies "each principal or designee of each public or private school in this state shall notify the appropriate law enforcement agency to prohibit any person from loitering in the school safety zone who does not have legitimate business in the school safety zone or any other authorization, or license to enter or remain in the school safety zone or does not otherwise have invitee status in the designated safety zone."

The issue arose because of team of Gideons, known for paying all of their own expenses out of pocket while raising all of their own funds and giving away Bibles, had been distributing the Scriptures at Key Largo School.

The Gideons' procedure is to notify local police departments two weeks before their distribution date, give school administrators notice and have participants stand on a public bike path or sidewalk and avoid stepping on school grounds.

But WND reported earlier when two members of the Gideons organization were charged for handing out Bibles there, and when a judge dismissed those counts.

Ernest Simpson and Anthony Mirto had been taken into custody by a sheriff's deputy and charged with trespassing after the principal of Key Largo School, Martinson, complained they were handing out Bibles.

The initial counts were dismissed at the request of the ADF shortly after the law firm got involved, but then authorities filed a second round of counts, under a different law - this state law that prohibits anyone from being within 500 feet of any school property, including on public sidewalks and streets, without having either "legitimate business" or permission.

The lawsuit lawsuit at hand then was filed on behalf of Gideon Thomas Gray, who was not arrested with Simpson and Mirto but arrived when they called to report trouble with a particular deputy sheriff.

"Gray approached Officer [John] Perez and asked what the charges were. Officer Perez was highly agitated and said that Gray would know in 48 hours when he received the report," the judge said.

Gray contacted another deputy through whom he'd arranged for the distribution.

"Gray then called Deputy [Ralph] Williams and asked for his assistance ... Deputy Williams indicated that he would e-mail Officer Perez ... Gray told Officer Perez that he had an e-mail in his car from another officer stating that the Gideons have a right to distribute Bibles from the public bike path/sidewalk, but Officer Perez indicated that he did not care," the judge wrote.

The ADF reported the two Gideons who were arrested were "placed in a Monroe County patrol car. A police officer mocked the two men, saying they could 'pray to Jesus all the way to jail.'"

The ADF, after seeing that the charges against Simpon and Mirto were dismissed, filed the action on behalf of Gray, who said he feared arrest if he exercised his right to distribute Bibles.

The federal judge found that the state definition of a school safety zone, in the Key Largo School location, would include a public bike path and walkway abutting U.S. Highway 1, the highway itself and businesses including a pet motel, a gas station, a restaurant and a plumbing business.

"Given the wide range of non-exempt persons and the various types of areas within the school safety zone, such as sidewalks, residential houses and streets, businesses, parking lots, etc., construing 'legitimate purpose' to mean any purpose which is connected with the operation of the school would result in an application so broad that it would likely infringe of First and Fourteenth Amendment rights," the judge said.

He ordered the state never again enforce that particular law.

"Christians shouldn't be penalized for expressing their beliefs," said ADF Senior Legal Counsel David Cortman. "Arresting or threatening to arrest Christians simply because they choose to exercise their First Amendment rights in a public place is unconstitutional. The court was right in its assessment that the particular law used against these members of the Gideons does not pass constitutional muster."

In a statement at the outset of the case to WND, Becky Herrin, of the public information office in the Monroe County sheriff's office, stated as a fact that the defendants in the case did trespass. She later declined additional comment.

"A copy of our police report ... clearly states that the people in question were arrested for trespassing on school property - not on a public sidewalk... In fact, they were given the opportunity to step off school property and onto public property, and they could have continued with their activities if they had done so. They chose instead to remain, against repeated warnings, on school property so deputies were forced to arrest them," Herrin said in a statement to WND.

But the attached report forwarded to WND revealed the two were arrested while in their vehicle parked near, but not on, school property.

The Gideons, a group founded in the late 1800s, has as its "sole purpose" the goal "to win men, women, boys and girls to a saving knowledge of the Lord Jesus Christ through association for service, personal testimony, and distributing the Bible in the human traffic lanes and streams of everyday life."

Gideons have placed the Bible in 181 nations in 82 different languages over the years.

The organization focuses on hotels and motels, hospitals and nursing homes, schools, colleges and universities, the military and law enforcement and prisons and jails.

"The demand for Scriptures in these areas far exceeds our supplies that we are able to purchase through our donations. Much more could be done - if funds were available. However, we are placing and distributing more than one million copies of the Word of God, at no cost, every seven days in these areas..." the group said.

The organization only gives away the Bibles with the Gideon logo on the covers, but plain Bibles are available for consumers to purchase at its distribution center at P.O. Box 140800, Nashville, Tenn., 37214-0800. Information about the products is available on the group's website.

The Gideons serve as an extended missionary arm of the Christian church and are the oldest Christian business and professional men's association in the United States.

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