First Liberty Institute is helping Ernest Giardino in his legal fight with Chapin, a town of 1,900 in Lexington County, after he was told he must obtain a demonstration permit to hold religious signs at a town intersection.
"It is patently unconstitutional," First Liberty attorney Nate Kellum tells AFN. "He doesn't need the government's permission to express his faith in public. The First Amendment serves as his permit."
According to First Liberty, Giardino was first advised by a police officer to obtain a permit. A code enforcement officer confirmed that requirement, too, and informed him the permit includes a 30-minute time limit with a two-week notice of his plans.
On behalf of its client, First Liberty fired off a letter to the city’s mayor, Al Koon, and Police Chief Thomas Griffin. The letter, which is five pages in length, cites court rulings that affirm Giardino’s right to protest without a permit, especially given the religious nature of his signs.
The letter concludes by warning the city leaders their town has “violated and persists in violating” his rights.
"We're hopeful that upon being informed of Mr. Giardino's constitutional rights, the town will come to its senses and will decide not to apply this scheme to his speech," says Kellum. "If they fail to do so, then litigation would be the next step."
AFN is seeking comment from the Town of Chapin about Giardino and the First Liberty letter.
