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The Rehoboth Beach Police Department is starring in a YouTube video and the reviews raise questions regarding free speech and its limits.
A recent video shows Rehoboth officers in a confrontation on the Boardwalk with three evangelists, Kerrigan Skelly, Jesse Morrell and John McGlone, from PinPoint Evangelical Ministries based out of North Carolina.
Police Chief Keith Banks said the July 13 confrontation arose after the evangelists displayed signs calling for banning homosexuality. They also used a bullhorn to denounce homosexuals. Banks said officers were alerted that a crowd had gathered around the evangelists and officers were concerned the crowd could turn violent. He said the crowd that had gathered was blocking the Boardwalk.
In the video, officers told the evangelists they would be cited for disorderly conduct if they continued using the bullhorn. Officers also said the evangelists were harassing pedestrians and blocking the Boardwalk. The evangelists told the officers their rights were protected by First Amendment rights regarding free speech.
The evangelists then asked to speak with the officer in charge, Sgt. Scott O’Bier. When the sergeant arrived, he asked the evangelists to put away their camera, but they refused and it appears that O’Bier grabs for the camera. The evangelists, using a backup tape recorder, recorded the rest of the confrontation. O’Bier told the evangelists they were violating the city ordinance regarding disorderly conduct and were told to leave the city. After another short confrontation, the evangelists left.
In another video, taken earlier in the night, the evangelists used the bullhorn to say homosexuals needed to be cured.
“Don’t be a homo,” Morrell says on the video. “The Bible says that homosexuality is an abomination to God. The Bible says that homosexuals and sodomites will not inherit the kingdom of God. God is going to send homosexuals and lesbians to the lake of fire.”
During the sermon, a crowd of what appears to be teenagers and young adults taunt the evangelists. At the end, the police arrive.
Banks said the evangelists did not have permits and did not seek permits for amplified speech on the Boardwalk. He said under normal circumstances, anyone wishing to have a rally or speech on the Boardwalk would request permission from the city manager. This is done in order to allow the police to have sufficient staff on hand so the gathering can proceed peacefully, Banks said. Also, he said, advance notice also allows the city to protect both the crowd and the speakers.
Banks said the police and the city welcome any speaker to town and do not discourage free speech, but it is nice to know if an event is going down so the department can help control the situation.
Skelly was not available for comment.
Free speech? Sort of
Drew Fennell, executive director for the American Civil Liberties Union in Delaware, said while the First Amendment protects free speech, there are certain limitations. Governments can place reasonable restraints on speech, Fennell said, particularly in regard to amplification of speech. She said the definition of what is reasonable generally depends on the place.
Rehoboth does have a noise ordinance that is very specific on amplification of sound. The code says: “No person shall operate or use any sound amplifying equipment, whether stationary or mounted on a vehicle, without first obtaining a permit therefore from the city manager. No permittee shall use any sound amplifying equipment in any manner and at any time so as to unreasonably disturb the peace and quiet of any neighborhood or of the citizens thereof.”
Banks said, “The officers would not intentionally violate free speech. In this case, the officers tried to defuse a rapidly escalating situation.”
To see the videos:
http://www.youtube.com/watch?v=OjqhvrMEG6s
http://www.youtube.com/watch?v=YxbjCunwn3w&feature=related
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