BREAKING: ACLJ Files Federal Lawsuit After City of Carbondale Tramples Pro-Life Advocate’s First Amendment Rights

The ACLJ just filed a federal lawsuit to defend a courageous pro-life advocate whose constitutional rights were blatantly violated by local officials in Carbondale, Illinois. We told you earlier this month that while we were live on air during our broadcast, a pastor reached out to us after some of his parishioners were being targeted for criminal citation by police just for having pro-life signs. We went right to work, in real-time, de-escalating the police and ensuring that our clients were not arrested that day.

We quickly followed up with a demand letter to the city attorney, which has been completely ignored. That is why we have now filed a federal lawsuit to protect the constitutional rights of Brandon – a sidewalk counselor who believes his mission field is to proclaim the Gospel and minister to women in crisis pregnancies – who was threatened with a citation and possible arrest for having pro-life signs on public property outside of an abortion clinic.

As our readers may recall, on April 16, our client, a missionary and founder of a pro-life sidewalk counseling ministry, was peacefully advocating for life outside an abortion clinic in Carbondale. He was joined by other pro-life advocates. They carried small yard signs offering free baby supplies and life-affirming messages such as “We will adopt your baby” and “Love your preborn neighbor as yourself.”

That’s when the trouble began.

A city official, acting on direct orders from the city attorney, told Brandon that all signs – even those placed well beyond the 20-foot setback as required by the ordinance – were prohibited, despite the ordinance’s language that it is not intended to limit “demonstrations” or other “political rallies.” Brandon was informed that unless he removed the signs immediately, the police would be called, and he could face a citation and the confiscation of his property. When Brandon asserted that he had the right to demonstrate against abortion under the First Amendment, the city’s representative flippantly told him, “No, you don’t.”

Brandon attempted to comply with every shifting explanation the officials gave him, even retrieving new signs that were purely demonstrative and devoid of any offer of free goods or services. Still, the city official – on order from the city attorney – insisted that no signs were allowed, period.

Police officers were called in. Threats of citation and criminal charges followed. Brandon’s pastor called us for help, and we intervened immediately on behalf of our client and prevented an arrest or citation from being issued.

Even when reviewing the ordinance the following day, Brandon thought that there might be an exception to what he was told by city officials and that a 501(c)3 organization, like his ministry, could apply for a permit to post temporary signs. When he went to obtain this permit, he was told that a permitting process didn’t exist and there was no permit he could apply for to temporarily post anti-abortion signs. This was explicitly in contradiction to the city ordinance.

The ACLJ intervened swiftly, sending a formal demand letter to the city of Carbondale on April 22. We made it clear that Brandon’s speech was constitutionally protected, the city’s ordinance was unconstitutionally vague and chilled First Amendment speech when applied, and the city’s treatment of our client amounted to viewpoint discrimination. We demanded written assurances that his rights would be respected and that he would be allowed to obtain a permit under the ordinance’s own terms – just as any 501(c)(3) nonprofit is allowed to do.

The city failed to respond.

Their silence speaks volumes. Carbondale’s officials have effectively adopted an unwritten policy: Pro-life voices are not welcome in public spaces.

So the ACLJ has filed a federal lawsuit against the city of Carbondale, the city attorney, and the city’s community development manager. This case seeks to vindicate Brandon’s rights under the Constitution and Illinois law.

We argue that the city’s ordinance is unconstitutionally vague and arbitrarily enforced. Worse still, the city is applying the law in a discriminatory fashion to silence religious and pro-life speech. Brandon wasn’t just threatened with enforcement – he was outright denied the ability to even apply for a permit that the ordinance specifically allows for nonprofits like his. This is a textbook case of unconstitutional viewpoint discrimination, enforcing a policy in one way for some people and another way for others.

We are seeking declaratory and injunctive relief to stop Carbondale from continuing its unlawful behavior, along with compensatory damages and attorneys’ fees under federal civil rights statutes.

This is what the ACLJ was built for: to stand in defense of the Constitution and to ensure that no government can silence people of faith or punish them for their beliefs.

We will keep you updated as the case progresses. Your continued support is what makes this work possible. Stand with us as we fight for life and liberty in court.