WASHINGTON (AP) — The Supreme Court on Friday revived a lawsuit from Gabriel Olivier, an evangelical Christian barred from demonstrating in Mississippi after authorities claimed he shouted insults over a loudspeaker.
The high court unanimously ruled in Olivier's case, which arose after his arrest for refusing to move from where he was preaching — an action he claims violated his religious and free speech rights. Lower courts previously barred him from suing because of a prior conviction, but the justices found otherwise, stating this doesn't prevent him from seeking to stop future enforcement of the ordinance.
Justice Elena Kagan emphasized in her opinion, “Given that Olivier asked for only a forward-looking remedy—an injunction stopping officials from enforcing the city ordinance in the future—his suit can proceed, notwithstanding his prior conviction.”
Olivier's legal team asserted that the arrest occurred while he was demonstrating peacefully. Kelly Shackelford, president and CEO of First Liberty Institute, remarked, “This is not only a win for the right to share your faith in public, but also a win for every American’s right to have their day in court when their First Amendment rights are violated.”
This decision opens the door for Olivier's civil rights lawsuit but does not guarantee a successful outcome. The ruling may result in a wave of new litigation against local governments, according to concerns expressed by city officials. The city of Brandon, where the events occurred, maintained that the restrictions are not based on religious beliefs and claim that Olivier has other options to dispute the law.
