Quiet Except For The Police Interaction
Ministry Update July 6, 2019
It rained Friday all afternoon and right up to the time I started witnessing downtown. Even though it was Art Walk, there weren’t many people downtown. I guess the rain kept most people away. I had one encourager. A guy driving by with his window down gave a thumbs up while I was open-air preaching. Other than that, it was quiet except for the police interaction.
Amplifiers Are Illegal Inside The City Limits
I was actually near the end of my message when a police officer rolled up on a bicycle. He indicated that he wanted to talk to me, so I turned the amp off and walked over to him. As he originally approached me, I saw him talking into his mic. Evidently, he called for backup, because another police officer arrived shortly thereafter. The first officer told me that it was illegal to use an amplifier in the city limits. I asked him where does it say that and he looked it up and said code 78-155. So I asked him what it says, he told me I could look it up for myself. At that point I asked to speak to a sergeant and he gleefully turned his shoulder around to show me the stripes on his sleeve. He is a sergeant.
At that point I told him that I’ve been street witnessing for 10 years and have used amplification the whole time. He didn’t say anything about that. So then I told him that I wasn’t interested in going to jail; that I’d go across the street and preach without amplification. He told me that I could stay where I was at. Then I said no, I’m respectful to people, so I’m normally across the street when using the amplifier so it isn’t so loud right next to people, but I’ll just go across the street and preach with my natural voice. So I crossed the street and brought another message. After that I handed out a few tracts before calling it a night.
(The Supreme Court has ruled three times over the years that low amplification is constitutional. The unconstitutional Springfield, Missouri city code is listed below. Basically, if anyone complains – such as the police sergeant himself did, the police can write a ticket.)
Also Quiet At Planned Parenthood
On Wednesday, my wife and I witnessed at Planned Parenthood. It was quiet there too. There were only three cars in the parking lot when we first got there. I shared the Gospel and a couple of cars left and a couple more showed up. But no one going in or coming out interacted with us. The Gospel went forth regardless. The people inside Planned Parenthood heard the truth as well as people going in and out of the businesses nearby.
(These updates are given to encourage Christians to share the Gospel with others. You may not always have great encounters with people, but whether they receive or reject the Gospel, we are called to share the Gospel.)
THE RIGHT TO AMPLIFIED FREE SPEECH
In 1948, the Supreme Court handed down the landmark ruling Saia v. New York, in which it declared that amplified free speech is a protected right under the First Amendment in traditional public forums.
“Loud-speakers are today indispensable instruments of effective public speech,” the ruling stated. “It is the way people are reached.”
A number of the federal circuit court decisions that have followed Saia have also ruled that amplified free speech must be guaranteed constitutional protection.
In Reeves v. McConn (5th Circuit, 1980) also asserted, “[T]he use of sound equipment within reasonable limits is an aspect of free speech protected by the First Amendment. The right to communicate inherently comprehends the right to communicate effectively.”
In Jim Crockett Promotions v. City of Charlotte (1983), the 4th Circuit stated, “[T]he ‘right to amplify speech’ is within the protection of the First Amendment.”
Likewise, in 1991, the 7th Circuit remarked in Stokes v. City of Madison, “Madison contends that only speech, not amplified speech enjoys First Amendment protection. This is incorrect. The First Amendment protects effective speech, not merely uttered words …”
Sec. 78-115. – Additional prohibited noises.
The following activities shall be prohibited as described below.
(1) No person using a sound amplification system shall operate or permit the operation of the sound amplification system such that the sound is plainly audible and:
- Operate an amplified sound system at a volume that unreasonably disturbs or alarms another person or persons within residential dwellings, businesses, or commercial developments. The term “within” shall include outdoor cafes associated with business or commercial developments; or
- Operate or permit the operation of the said sound amplification system in a manner to unreasonably disturb or interfere with any activity being held, or the enjoyment of such activity by its patrons, for which a special event or other permit has been obtained pursuant to other provisions of the City Code; or
- Operate the sound amplification system after 11:00 p.m. and before 7:00 a.m. where the sound generated is plainly audible at a distance of 50 or more feet from the speakers of the system.
(2) The provisions of this section shall not prohibit any activities specifically permitted or authorized by other provisions of the City Code.
(G.O. No. 6330, § 3, 1-9-2017)