Posted on 08/24/2007 7:20:46 PM PDT by alvindsv
and let us not neglet the 9th and 10th:
Amendment 9: Rights retained by the people
The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.
Amendment 10: Powers retained by the states and the people
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Well, he was a Christian, it’s becoming clear that the only religion in this country with any protection, not to mention special rights, is Islam.
Think they could be headed for place hotter and longer?
bookmarked
Judge reverses conviction for distributing religious tracts
By NANCY BADERTSCHER
The Atlanta Journal-Constitution
Published on: 08/09/07
A Cumming man had to turn to a higher authority for justice after he was arrested and jailed for two days for trying to spread the Gospel on a public sidewalk.
And last week, 68-year-old Frederic Baumann got it.
Forsyth County Superior Court Judge Jeffrey Bagley threw out Baumann’s conviction for violating a Cumming city ordinance by demonstrating without a parade permit.
“He was shocked and surprised that this could happen in America,” David Cortman, an attorney with the Alliance Defense Fund who represented Baumann, said Thursday morning.
Baumann was arrested by Cumming police in April as he stood on a public sidewalk outside the city fairgrounds and handed out religious tracts, court records show.
He spent two days in the Cumming city jail before being brought before a City Court judge, convicted of the ordinance violation and sentenced to time served.
Baumann had a brief exchange with the police officer before the arrest, Cortman said.
“He asked the officer if he didn’t have a right to be there under the Constitution,” the attorney said. “The officer’s response was: ‘I guess you want to get arrested.’ “
At the jail, Baumann repeatedly asked to see a copy of the ordinance and was refused, Cortman said.
Before Judge Bagley, Cortman argued that the ordinance was unconstitutional and incorrectly applied in Baumann’s case. “My argument all along was: One man does not a parade make,” Cortman said.
In his order, Bagley said that in court filings the City Court judge appears to “expressly admit that the ordinance does not apply” to Baumann.
“Therefore,” the judge wrote, “the court ... reverses the conviction.”
Baumann and the city’s attorney were not immediately available for comment.
Cortman said he’s working with city officials to make sure that the arrest is expunged from Baumann’s record.
He said his group, which takes on cases involving issues of religious liberty, is weighing still whether to challenge the legality of the city ordinance.
https://www.ajc.com/metro/content/metro/northfulton/stories/2007/08/09/streetpreach_0810.html
Cumming man jailed for passing out religious tracts, files lawsuit
By NANCY BADERTSCHER
The Atlanta Journal-Constitution
Published on: 08/23/07
A federal lawsuit has been filed on behalf of a 67-year-old Cumming man who was arrested and jailed for three days in April for passing out religious tracts on a public sidewalk.
“Christians cannot be treated as second-class citizens and be required to request permission from the government before handing out religious literature on a public sidewalk,” said Alliance Defense Fund attorney David Cortman, who filed the lawsuit for Cumming resident Fredric Baumann.
The lawsuit, filed Wednesday in U.S. District Court in Gainesville, asks that the city of Cumming’s parade and demonstration permit — which was the basis for Baumann’s arrest — be declared unconstitutional.
Earlier this month, Forsyth County Superior Court Judge Jeffrey S. Bagley threw out Baumann’s conviction for violating the ordinance, based on a challenge filed by Cortman’s group.
Baumann was arrested on April 22 as he stood on a public sidewalk outside the Cumming Fairgrounds and handed out Gospel tracts to visitors to the Taste of Forsyth festival.
He was jailed for three days on the ordinance violation, convicted by a city court judge, and sentenced to time served.
The lawsuit describes Baumann as a man of faith who feels called to spread the word that Jesus Christ died for the sins of mankind and is the root of salvation for believers.
It alleges that Baumann was selectively prosecuted for exercising his First Amendment free speech rights and has been unable to continue his mission because of “fear of subsequent arrest, detention and prosecution.”
The ordinance was “used as a weapon against religious freedom and should be removed from the city’s arsenal,” Cortman said.
The lawsuit names as defendants the city of Cumming and Cumming Police Chief Mike Eason.
Attempts to reach city officials were not successful Thursday.
In the lawsuit Baumann claims that, while in jail, he was denied the right to use his reading glasses so he could read his Bible and look through the telephone book for a lawyer.
The lawsuit also alleges that he was not given a chance to post bond and brought before the city court judge without notice or legal counsel.
http://www.ajc.com/metro/content/metro/northfulton/stories/2007/08/23/lawsuit_0824_web.html
Good! That made my night! Finally the good guys win one! Thank you for posting this!
And this!
You can never tell whether something published in World Net Daily is true...but if this story happens to be the true the Police Chief should be the one in jail for using the power of the badge to abuse others and false imprisonment. Its not clear the judge shouldn’t be in jail too.
Unfortunately, though, this source is notoriously unreliable so its hard to tell what happened
Yes, I was glad to read this report as well. I couldn’t believe that in Georgia, in the middle of the bible belt, would this man be convicted of handing out a Gospel tract.
Keep reading...........it happened. Posts 25 & 26.
ping...
Thanks for the ping metmom. This really burns me up!! And it happened in the Bible belt no less.
I cannot believe this happened in Cumming. I hope both the police chief and the judge get nifonged.
I second that!
Also in the article it said that Gideons had been arrested in Key Largo for handing out Bibles. I had not even seen that on the local news sites and I’m in NE FL. They tell us what they want us to know....that’s for sure!
There fixed.
oops I goofed. I see has already filed a lawsuit.
GOOD.
The arrest and conviction is illegal.
Handing out literature in a public place is protected.
What about that perv in L.A. that promotes
kiddy porn ?
I received a card with scripture from the location where I get my oil changed. They will continue to get my business. (They also do not have any obvious illegals aorking there.)
Yep. If a muslim got arrested for handing out
toilet paper/koran, the MSm would be all over it.
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