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PJI Successfully Defends Youth Minister Arrested For Mall Evangelism

by Allie Martin
June 23, 2006
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(AgapePress) - - Charges have been dropped against a California evangelist who was arrested for witnessing at a local mall. Nevertheless, a pro-family attorney says the mall authorities may have to answer in court for this violation of the Christian man's clearly established rights.

The Sacramento-based youth pastor, who regularly leads a group of young adults to a shopping mall to hand out tracts and take part in one-on-one witnessing, was talking with someone at the mall when he was interrupted by a security guard and was ordered to leave. Although no one had complained, the guard demanded that the pastor vacate the premises because he had been "walking around and talking to people."

The evangelism-minded minister replied that he was not doing anything wrong and politely declined to leave. However, another security guard joined the first and the two informed the youth pastor he was being placed under citizen's arrest for trespassing.

At this point, he agreed to leave peacefully; but instead of being allowed to depart, he was allegedly grabbed and shoved against a storefront window, handcuffed tightly enough to draw blood, and later taken to a police station. There, he was reportedly booked for trespassing and an additional false charge of battery.

The senior pastor at the youth minister's church contacted Pacific Justice Institute (PJI), a pro-family legal defense organization, which enlisted affiliate attorneys Gregory Koonce and Timothy Smith to provide representation at the court hearing. However, the local District Attorney's Office decided to drop the case "in the interests of justice," and all charges against the Christian defendant were dismissed.

The president of PJI, Brad Dacus, believes the DA's Office probably realized the minister's arrest was illegal; but while all the charges in the incident have been dropped, the attorney asserts that the matter is by no means over. He says a civil suit is being considered against the mall for violating the youth pastor's clearly established constitutional rights.

"Generally speaking," Dacus observes, "if a shopping mall opens its doors for individuals to randomly come in and do different things, to express themselves, then they can't discriminate against someone just because they're Christian or their message happens to be Christian." In fact, he points out, "some states even treat private shopping malls as public places as far as free speech protection is concerned."

This incident has served as a valuable lesson for the young people who accompanied their youth minister to the mall, the PJI spokesman contends. They no doubt "went there thinking they were going to be challenged to share their faith," he says, "but in reality, at the end of the day, they learned that sharing their faith sometimes involves a struggle -- a struggle that's worth enduring."

While celebrating the youth pastor's victory, Dacus remains concerned. He says since the dismissal of charges was not precedent-setting, there is no guarantee that this will be the last time a shopping mall tries to shut down a Christian's attempts to witness or share their faith. For that reason, he urges evangelists who encounter similar hostility to contact PJI immediately.


Allie Martin, a regular contributor to AgapePress, is a reporter for American Family Radio News, which can be heard online.

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