The street preacher who was arrested by police shortly after arriving at a June 3 LGBT pride event sponsored by the city of Reading, Pennsylvania, is suing the police, the city, and Reading Mayor Eddie Moran.
The group Reading Pride Celebration partnered with the city for a ceremonial raising of the rainbow flag at Reading City Hall for the start of LGBT pride month, followed by a short parade to a park where there was a rainbow pride celebration with speakers and free food.
About 50 people, including Mr. Moran, attended the flag raising and stood on the sidewalk at City Hall. Organizers had a loudspeaker to make speeches.
Across the street, a handful of people gathered to protest the event, none with loudspeakers. Police stood in the street between the groups.
Damon Atkins 41, arrived at the event carrying a sign with a slogan that showed his opposition to the event, police said in the criminal complaint describing the arrest.
The offending two-sided sign had Bible verses. On one side it said, “Jesus said go and sin no more,” and the other side said, “Jesus said I am the way, the truth and the life.”
The arrest was caught on video by another street preacher, Matthew Wear. The men had seen each other before, but did not know each other and did not arrive together or coordinate anything. Mr. Wear arrived first, and previously told The Epoch Times that he preached until police told him to stop, then started shooting video of the event.
He captured Mr. Atkins arriving on the scene and his interaction with the arresting Reading Police officer.
Less Than a Sentence
The officer approached Mr. Atkins and told him to be respectful and to “let them have their day,” referring to the LGBT pride gathering.“Oh, I’m respecting,” Mr. Atkins said in the video. “You know who is cheering for us? The people that are in hell. So, you do you, and I’ll do me. This is public property.”
The officer turned his back and walked a few steps into the street. Mr. Atkins raised his voice and got out part of a sentence.
“Yo. God is not—,” Mr. Atkins began saying, but the officer turned back to Mr. Atkins, put him in handcuffs, and had him transported to a police processing center where he spent a few hours in police custody.
According to court papers filed in federal court in the Eastern District of Pennsylvania, Mr. Atkins’ attorney argued the arrest was in retaliation of his client’s viewpoints and in violation of his First Amendment right to free speech and his Fourth Amendment right to be secure from unreasonable searches and seizures. Mr. Atkins is also suing for defamation of his character and reputation; placing him before the public in a false light; malicious prosecution; assault and battery; and false imprisonment.
Joel Ready, an attorney with Cornerstone Law based in Blandon, Pennsylvania, is representing Mr. Atkins and says the video is compelling evidence.
“You have a very clear indication that an officer told him to stop speaking simply because he didn’t like the content of the sign that he was carrying. You have less than 30 seconds from when he arrived on scene. And then you have an arrest halfway through a sentence because basically, you use the word God,” Mr. Ready told The Epoch Times.
Charges Withdrawn
A representative from Reading Police told The Epoch Times the department cannot comment on pending litigation. The Berks County District Attorney’s office withdrew the charges four days after the arrest citing insufficient evidence and prosecutorial discretion.Mr. Moran did not respond to a request for comment, but he did release a comment after the event.
“First and foremost, I consider myself lucky to have been able to participate in the Reading Pride March and Rally. It truly was a wonderful event, and I look forward to continuing to celebrate the LGBTQ+ community throughout the month of June,” Mr. Moran’s statement said.
“With regard to the incident, the City respects the First Amendment rights of all individuals. However, freedom of speech does not include the right to disrupt an organized event and interfere with the rights of others.”
But court papers say at no point did Mr. Atkins engage in vulgar, obscene, or profane language, shout any insults, or hurl any object directed toward the flag-raising ceremony. In fact, the documents say, Mr. Atkins was deprived of any meaningful opportunity to participate in the demonstration.
“You have a lone dissenter, a lone voice speaking an unpopular message, and the police are arresting this person, and to the cheers of a crowd,” Mr. Ready said.
“That should disturb any American, that the police can come and say, because your message is unpopular, we’re going to—in front of a crowd—declare on behalf of the government of the city in which you live, that your words are not welcome here, that your particular viewpoint is wrong. And that is what I think is particularly chilling.”
