A federal civil rights lawsuit has been filed against the City of Benson, Minnesota, accusing officials of violating the First Amendment rights of a street preacher. The suit, brought by the Center for American Liberty on behalf of Bryan Conwell, alleges that Conwell was unlawfully charged with criminal trespassing for peacefully expressing his beliefs on public property without a commercial license.
According to the lawsuit, Conwell, who advocates against abortion, regularly holds signs and speaks only to those who approach him. He does not block pathways, issue threats, or sell merchandise. The legal action stems from incidents on July 9 and July 16, when Conwell was present in a public parking lot during a farmers' market. City officials and police reportedly informed him that he either had to leave or pay a $20 fee to speak, asserting exclusive use of the public space.
When Conwell refused to pay the vendor fee for non-commercial speech, he was cited for criminal trespass. He now faces potential jail time and fines for each citation. Video evidence referenced in the lawsuit appears to show police officers expressing confusion about enforcing city policy against protected speech, acknowledging Conwell's First Amendment rights while also issuing citations.
"The First Amendment doesn't come with a price tag," stated Mark Trammell, CEO of the Center for American Liberty. "Government officials cannot force Americans to buy a license before they peacefully express their beliefs on public property. If they can silence Bryan today, they can silence anyone tomorrow."
The lawsuit contends that the city’s actions constitute significant violations of Conwell’s rights, including freedom of speech, free exercise of religion, viewpoint discrimination, and the imposition of unconstitutional fees on speech.
Conwell's case arises amidst a broader national effort by lawmakers and legal organizations to safeguard street preachers from what they describe as government overreach. This includes a recent appeal by Congressional Republicans to the U.S. Supreme Court concerning a similar case involving a Christian evangelist who faced arrest for distributing pamphlets on a public sidewalk in Louisiana.