Midlands town required permit for religious sign, accused of violating First Amendment
A national Christian conservative legal organization is questioning whether a small Lexington County town violated a local resident’s First Amendment rights when it required that he obtain a permit to share his message with a sign. Town officials say they are trying to balance the right to free speech with maintaining the character and functionality of public spaces.
The Texas-based First Liberty Institute says in a release that Ernest Giardino was on a public sidewalk in Chapin at the intersection of Old Lexington Road and Chapin Road in June holding a 20” x 24” sign on a short handle with “Trust Christ He paid the price” on one side and “He Saved Others—Jesus—He’ll Save You” on the other.
The release says Giardino had been out with similar signs on sidewalks in the town of nearly 2,000 people without incident for about eight months.
“However, on this day as Mr. Giardino was leaving, a Chapin police officer approached Mr. Giardino and informed him that he needed Chapin’s permission to share his message with a sign,” the release states.
“The next day, Mr. Giardino spoke with the Code Enforcement Officer and the Chief of Police in person about this surprising development. Though cordial, both confirmed the need for a permit for his speech, handing Mr. Giardino a permit application. The permits limited Mr. Giardino to holding his sign for only 30 minutes. Additionally, he was advised that he would need to change sidewalk corners every 15 minutes while holding a sign.”
In the eyes of the First Liberty Institute, this violated Giardino’s rights, and the group says it sent Chapin a letter to this effect.
“No one needs the government’s permission to express their faith in public,” Nate Kellum, senior counsel for the group, said in the release. “The First Amendment is his permit. Like any citizen in any city in America, Mr. Giardino is free to peacefully share his religious beliefs on a public sidewalk. Chapin’s ordinance is overbroad, unconstitutional, and must be repealed or enjoined.”
Chapin Town Administrator Nicholle Burroughs confirmed that “a public demonstration permit is required whenever signage or sound amplification devices are utilized,” noting that the town has issued more than 17 such permits since June and that “all demonstrations, regardless of content, must follow the town’s permitting process and comply with local ordinances.”
“Our goal is to balance the right to free speech with the need for reasonable regulations on the size, placement, and duration of signage, as well as the use of amplification devices,” Burroughs said in a statement.
She added that all demonstration permit requests that have come to the town have been approved.
“As a town, we are committed to upholding the fundamental right to free speech, recognizing that the ability to express ideas, opinions, and beliefs is essential to a healthy and vibrant community,” Burroughs said in a statement.
“In order to protect the shared interests of all residents and maintain the character and functionality of our public spaces, it is equally important that we regulate the use of signage and amplification devices,”she said. “These tools, while valuable for expressing messages, must be managed in a way that respects the rights of others and prevents disruptions to daily life.”
This story was originally published October 25, 2024 at 12:21 PM.
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