Freedom of speech and freedom of religion is under continuous assault.

While standing in the City of Portland’s Waterfront Park, Mark Mayberry held a sign defending the unborn, passed out related tracts, and engaged people in conversations about abortion and the Gospel.

 A park officer ordered the evangelist to leave the public park. Mayberry refused and asserted his constitutionally protected right of free speech. The park officer issued Mayberry a citation excluding him from coming to Waterfront Park for 30 days.

Ray Hacke, Oregon-based attorney for The Pacific Justice Institute (PJI), appealed Mayberry’s exclusion to the City Auditor who agreed that the park officer’s citation violated Mayberry’s free speech rights under both the Oregon and federal constitutions. The hearing officer invalidated Mayberry’s exclusion from the public park, which is a traditional public forum.

Mayberry was not content to leave the issue there. Portland, Oregon, has a history of showing hostility toward Christian evangelists. The city violated a permanent injunction which prohibits the ejection of preachers from city parks without probable cause.

In October, PJI filed suit under the federal 1964 Civil Rights Act, which seeks more than $300,000 in damages, to send a message to the city that further infringements on freedoms of speech and religion will not be tolerated.

“For more than 200 years, the Constitution has protected the freedoms of speech and religion in the public square,” said PJI President Brad Dacus. “City officials do not have the authority to silence Christians because their message causes some people discomfort. The city clearly has not learned its lesson; therefore, it’s going to pay a very steep price—that’s the point of this lawsuit.”

There needs to be a penalty for these infringements on constitutional rights. Maybe the lawsuit will send a message.