Monday, May 02, 2011

Man Arrested Outside Calif. DMV for Reading His Bible Out Loud

DMVs have inspired a lot worse than Bible readings at times. The reading might have helped calm a few frustrations
When Mark Mackey, a member of the local Calvary Chapel, showed up to the DMV office in Hemet, CA on February 2, he had a goal: read the Bible and introduce those waiting in line to the “gospel of Jesus Christ.” And for about 15 minutes he was successful.

That is until a California Highway Patrolman took the Bible from his hands, arrested him, and told him he was guilty of preaching to a “captive audience.”

According to reports, Mackey wasn’t the only one arrested. Pastor Brett Coronado and Edmond Flores, Jr., who were accompanying him, were also taken into custody.

A press release from the group Advocates for Faith and Freedom, which is representing the men in a lawsuit, says the men were arrested for “impeding an open business” under Penal Code Section 602.1(b). But, the group calls the justification under that statue a stretch.

“The charge of ‘impeding an open business’ was enacted in large part to protect businesses against protestors who block the doors of an open business,” the release says. “At the time of the arrest of these men, the DMV was closed, and they were standing at least fifty feet away from the entrance.”

“This is an abuse of power on the part of the CHP,” said Jennifer Monk, associate general counsel for Advocates for Faith and Freedom. “The arresting officer could find no appropriate penal code to use when arresting these men. The purpose of the arrests appears to have been to censor them.”

Despite the arrests, the district attorney has not pursued criminal charges. Still, Advocates for Faith and Freedom is going through with its lawsuit.

“Whether this was an intentional violation of our clients’ constitutional liberty or whether this was an act of ignorance on the part of the CHP, this lawsuit is important in order to preserve the liberty to read the Bible aloud on public property without fear of criminal prosecution,” said Robert Tyler, General Counsel for Advocates for Faith & Freedom.

Source

Both parts of the First Amendment would seem to protect what the preacher did. Someone should do a Koran reading there and see what the CHP does.

17 comments:

Anonymous said...

It's communist-drenched Mexifornia, where God is not permitted in any way, shape, or form.

Old Bob said...

I consider religious preaching to a captive audience the equivalent to audibility passing gas in a crowded room. Illegal no, but it shows the complete ignorance of civility by the preacher or preachers. The preacher or preachers should consider a course in verbal toilet training before preaching again. He or they should but I doubt it…

joey said...

They were in no way a captive audience. They could simply ignore it or even leave the scene. No one was forced to listen.

Anonymous said...

They were in no way a captive audience. They could simply ignore it or even leave the scene. No one was forced to listen.

They were in line for the DMV. They could not leave and still accomplish their goal. They most certainly were a captive audience.

Person! said...

I live near Hemet, on the other side of the mountains that separate it from the ocean. That town is in a fairly rural, desert area and it has many, many churches, of all types. This will not go down well out there.

Anon 12:22 am: You are very ignorant. If God is not permitted out here, then why is Southern California home to Rick Warren and Saddleback Church, the Crystal Cathedral, Trinity Broadcast Network, bunches of megachurches, and more evangelicals than all the southern states combined? At least a third of all the towns and cities out here are named after saints or are some other religious reference.

Anonymous said...

obviously long lines are the inefficiency of government and thus it is their fault

Anonymous said...

HAMTRAMCK, Mich. -- In a sign of the changes in this once predominantly Polish Detroit suburb of 23,000, the city council is expected today to pass a noise ordinance amendment that would permit mosques to issue the Islamic call to prayer over loudspeakers.

The Bangladeshi al-Islah mosque asked for permission to air the Arabic call to prayer via loudspeakers five times a day.

The rest can be found at http://www.suntimes.com/output/news/cst-nws-ham20.html


now THAT is a captive audience

Anonymous said...

Person!, i thought southern Mexifornia was home to;

Bloods
Crips
MS-13
Latin Kings
West Side Crips
Rolling 40's
and on, and on, and on...

Towns and cities named after saints? Yes, Mexican saints!

Spurwing Plover said...

Since when has it become illegal to read a bible in the public< When its donr in KALIFORNIA

Anonymous said...

Old Blob, to quote you "illegal no"

Anonymous said...

Old Bob, about the "captive audience" thing, perhaps you missed the part of the article that said they were at least 50 feet from the entrance to the DMV?

Or how about the part of the article that said the DMV was closed at the time?

Religion and politics are both bad subjects to raise to actual captive audiences though.

Anonymous said...

Old Bob, about the "captive audience" thing, perhaps you missed the part of the article that said they were at least 50 feet from the entrance to the DMV?

They may have been. But there are not 50 feet away from the captive audience. Look at the video. At the 2:54 mark, you can see people in line. You can also see that Mackey is parallel to the bumper of a large SUV / truck. Mackey is 20 - 25 feet from the people in line. The distance to the door is irrelevant. The distance to the people matter. Also, is there any doubt in anyone's mind that the people in line could hear Mackey? Or do you think he was just talking so no one could hear him?

Or how about the part of the article that said the DMV was closed at the time?

For the purposes of the statute, it doesn't matter. Here is the relevant part of the statute:
...or those persons there to transact business with the public agency, and who refuses to leave the premises of the public agency
after being requested to leave by the office manager or a supervisor of the public agency, or by a peace officer acting at the request of the office manager or a supervisor of the public agency,...


Whether the agency was open or not is irrelevant. The people were still compelled to be there and were a captive audience.

This appears to me to be a plan by the people of CC - Hemet to create an incident. In another article, a supervisor of the CHP says they are familiar with the kind folks at CC - Hemet and they are aware of the permitting regulations.

Spurwing Plover said...

Old bob or sould that be boob you sound like a true secularists wacko and member of the ATHEISTS.COMMUNISTS & LAWYERS,UNDERGROUND a leftists group of radicals

Anonymous said...

I kind of wish I was there. I would have gladly given up my place in line, walked over to this screaming preacher, and would have screamed, more loudly, to shut up and go preach in his own church! And I would have kept screaming until either he left or I was able to enter the DMV.

He was complaining that this is what America has come to today. Lucky for him, because in the past, we probably could have punched him in the face w/o getting in trouble. In America, the people still value their freedom not be be harassed by insane people.

-L

Anonymous said...

Here is the CA Penal code that he has been arrested for violating:

(a) Any person who intentionally interferes with any lawful
business or occupation carried on by the owner or agent of a business
establishment open to the public, by obstructing or intimidating
those attempting to carry on business, or their customers, and who
refuses to leave the premises of the business establishment after
being requested to leave by the owner or the owner's agent, or by a
peace officer acting at the request of the owner or owner's agent, is
guilty of a misdemeanor, punishable by imprisonment in a county jail
for up to 90 days, or by a fine of up to four hundred dollars
($400), or by both that imprisonment and fine.
(b) Any person who intentionally interferes with any lawful
business carried on by the employees of a public agency open to the
public, by obstructing or intimidating those attempting to carry on
business, or those persons there to transact business with the public
agency, and who refuses to leave the premises of the public agency
after being requested to leave by the office manager or a supervisor
of the public agency, or by a peace officer acting at the request of
the office manager or a supervisor of the public agency, is guilty of
a misdemeanor, punishable by imprisonment in a county jail for up to
90 days, or by a fine of up to four hundred dollars ($400), or by
both that imprisonment and fine.
(c) This section shall not apply to any of the following persons:
(1) Any person engaged in lawful labor union activities that are
permitted to be carried out on the property by state or federal law.
(2) Any person on the premises who is engaging in activities
protected by the California Constitution or the United States
Constitution.
(d) Nothing in this section shall be deemed to supersede the
application of any other law.


The statute specifically says that it does NOT override anything in the US or CA constitution.

Anonymous said...

Freedom of speech often seems to impose on others' freedom to be free of others' freedom of speech!

Anonymous said...

I was all for it till I read the place was CLOSED. WTF??