
A group of street preachers are suing the city of Chicago, accusing it of “unconstitutional arrests.” Three street preachers by the names of Brett Raio and his two friends, Reetik and Perez, were arrested on separate occasions while preaching the Gospel near the city’s iconic Millenium Park. Raio was arrested first for allegedly violating the city’s noise ordinance and resisting arrest. According to the American Center for Law and Justice (ACLJ), which is representing the three men, Raio was using what it referred to as “modest amplification,” which is permitted thanks to a US Supreme Court Ruling via Saia v. New York (1948). Raio was handcuffed and detained. The ACLJ represented Raio, whose case was dismissed after the group presented video evidence of Raio using reasonable means of modification.
Despite the case being dismissed, Reetik and Perez were also arrested just a few days later for preaching in the same place as Raio. The ACLJ stepped in again, accusing the city of targeting preachers and violating their First Amendment Rights. “Chicago has adopted an unconstitutional policy of targeting and arresting street preachers who use amplification, regardless of whether they actually violate any noise ordinance,” the ACLJ wrote in a statement. “Chicago law only requires permits for amplification that exceeds conversational levels at 100 feet away, yet police are arresting preachers who use any amplification at all. They are not taking any measures to determine if the speech actually violates the noise ordinance; they are just pulling up in their squad cars and immediately arresting the preachers.”
The ACLJ’s lawsuit against Chicago on behalf of all three men alleges the city has purposefully violated their religious freedom and seeks damages. The ACLJ stated the purpose of the lawsuit is to protect others like the three men from having their rights similarly violated. “We will not stand by while cities trample the rights of Christians. This lawsuit is the first step in holding Chicago accountable, but we know the fight is far from over. The ACLJ is committed to taking this case as far as necessary to ensure that no one else faces wrongful arrest simply for sharing their faith.” Reetik and Perez also still face criminal charges. They were held in jail for over 7 hours. The ACLJ hopes to prove that the city’s noise violation policy presents an unreasonable burden on religious activity, which violates the Illinois Religious Freedom Restoration Act.