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Preacher Challenges Noise Citation Issued at Trinity Pride Fest

Attorneys for David Grisham argue Fort Worth police violated constitutional rights by issuing a disorderly conduct noise citation during Trinity Pride Fest.

Wade Ramos

July 3, 20262 min read

Festival Noise - illustration, Jake Team LLC
Festival Noise - illustration, Jake Team LLC

Christian street preacher David Grisham is contesting a disorderly conduct noise citation issued by Fort Worth police during the Trinity Pride Fest. His legal team contends that law enforcement officers violated his constitutional rights and misapplied local and state noise regulations.

GFA Law, PLLC announced on July 2 that it is representing Grisham and plans to challenge the citation along with any related enforcement actions. The firm stated that officers threatened Grisham with arrest and subsequently issued the citation while he was speaking outside the festival grounds on June 27. The attorneys asserted that Grisham was exercising his right to express views on matters of public concern, arguing that police responded with threats rather than protecting his rights.

Grisham and fellow preacher Richard Penkoski have alleged that officers restricted their speech on public streets and sidewalks near the event. Fort Worth Police Department (FWPD) acknowledged that an officer made inaccurate statements during the encounter and announced that refresher training on First Amendment protections would be provided.

FWPD stated that the citation resulted from Grisham’s use of a bullhorn outside the festival, not the content of his message. The department noted that business owners complained amplified noise disrupted their operations and caused a loss of customers. Officers warned Grisham that continued use of the device would violate the city’s noise ordinance. After he continued using the bullhorn, officers issued the citation and seized the device as evidence.

The police department disputed claims that officers prevented the preachers from expressing their views, stating that individuals were told they could continue exercising their rights without amplification devices. FWPD acknowledged that circulating video showed only part of the interaction and admitted an officer made inaccurate statements, though it did not specify which ones.

GFA Law argues the citation was unlawful because officers did not measure the sound level with a decibel meter before issuing it. The firm claims Fort Worth’s noise ordinance requires such a measurement and that no officer performed a decibel check. The city’s ordinance sets decibel limits for certain zoning districts and includes measurement procedures, but also allows enforcement through alternative means when meters are unavailable. It further states that officials do not need a decibel reading to enforce rules against unreasonably loud noise that disturbs a reasonable person.

The legal team also argues that state law preempts Fort Worth’s ordinance because the Texas Penal Code Section 42.01 addresses unreasonable noise. They cited subsection 42.01(c)(2), which presumes noise is unreasonable if it exceeds 85 decibels after notice from a magistrate or peace officer. GFA Law contends the city’s ordinance conflicts with state law because it sets some limits below 85 decibels. The firm has called on the City of Fort Worth to dismiss the citation and retract any related enforcement action.

Fort Worth is about 31 miles west of Dallas.

Source: yahoo.com.

Sources

https://www.yahoo.com/news/us/articles/street-preacher-challenges-fort-worth-190017340.html

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Wade Ramos

Wade Ramos writes about community life, schools, public safety, and local events in Dallas.

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