All charges have been dropped against a California street preacher. A law firm specializing in religious freedom successfully argued that his First Amendment rights were violated. The San Bernardino County District Attorney dropped all charges against Pastor Arturo Fernandez who was arrested in June. The police Department has not released a statement.
Advocates for Faith & Freedom argued that prosecuting Fernandez was an “unfortunate and serious mistake.” Julianne Fleischer an attorney for the organization said “This dismissal is a victory for free speech and religious expression,” in a statement. After he was arrested outside of a concert, the AFF issued demand letters to the Ontario Police Department and the division chief at the district attorney’s office in San Bernardino County.
“Pastor Fernandez was peacefully exercising his God-given and constitutionally protected rights to share the Gospel of Jesus Christ,” the attorney explained. “While we have the utmost respect for the men and women in law enforcement, no government entity has the right to silence lawful public preaching.” The pastor had preached at the Toyota arena for years but was accosted by two security guards on this occasion.
The guards told him he was on private property, but the preacher contested he was standing on public property. An officer was called to adjudicate. The Police Officer informed Pastor Fernandez that the Toyota Arena is a “property run by a private company.” Fernandez was told he needed to leave. However he insisted he was well within his rights, but the police ultimately removed him from the area.
“Pastor Fernandez explained to the officer that he had preached at the Toyota Arena before, that the City of Ontario owns the property, and that when certain parties use the Arena, their right to exclude only applies to the inside of the building,” the Advocates for Faith & Freedom stated. “The officer denied this latter statement, arguing that such parties’ rights extend to the parking lot.”
According to the statement, the pastor “peacefully submitted” to the arrest. He was charged with trespassing in violation of California Penal Code section 602. He was released eventually and ordered to reappear in court in October. However, his attorneys argued that the First Amendment protects street preachers and that businesses with a permit to use public property “do not enjoy unfettered control over the speech occurring on that property.”
“Even if the arresting officer acted in the public’s interest, we find further proof of his mistake in the fact that the government had no substantial interest in removing Pastor Fernandez due to public safety or traffic flow concerns,” the lawyers point out. They also contend that since he was over 20 feet away from concert goers he was at a “respectful distance.”
“Thus, the Ontario Police Department has no substantial interest in stifling Pastor Fernandez’s street preaching, and the officer was mistaken when he arrested the Pastor for trespassing,” the legal group stated in their concluding arguments. As a result of this legal pressure, the San Bernardino County District Attorney’s office agreed to dismiss the charges.