Victory in the City of Concord, North Carolina

Victory in the City of Concord, North Carolina
City rescinds citations, fines, and permit requirements
Flip Benham
December 1, 2005

A miracle has just taken place here in the city of Concord, North Carolina. We would be remiss if we did not shout it from the housetops. Below is an email from our superb attorney and Director of the American Liberties Institute, Rick Nelson:

The City of Concord has decided to rescind the citations issued to you following the October 14, 2005, event with prejudice. This means that the city will never pursue the citations against you. As a result, the hearing set for this Thursday, December 1, 2005, in the City of Concord is cancelled. At this time, we would like to keep the planning meeting set for Wednesday, November 30, 2005, at 10:00 a.m. on the calendar because we are still waiting for final confirmation.

More good news, this City Council will meet this Thursday to strike the parade ordinance in its entirety. This means that you will no longer be subject to any enforcement of the city's parade regulations. Of course, they will likely enact a new ordinance regulating parades early next year. At this time, we are working through the details. We will update you again on Wednesday.

Thank you for your prayers. Please do keep praying because we still need final confirmation.

 Your servants, Rick Nelson and Mike Schmidt.

Our response: WE WON! Jesus Gave Us the Victory!

What incredible news! I can't wait to tell everybody what God has done through you. Rick and Satu, you have truly allowed this verse to come to life for all of us at OSA, “In the same way, let your light shine before men that they might see your good deeds and praise your Father in heaven." Matthew 5:16. I'm praising God right now, not believing this wonderful turn of events.

No more permits to preach on the public highways and byways in the city of Concord, North Carolina. No more gargantuan fines hanging over our heads. No more fear of what a police officer might decide to do when enforcing this unconstitutional ordinance. We are free to proclaim Christ anywhere in the city of Concord. What liberty!

The Gospel of Christ is once again allowed to be preached in the city of Concord without apology, without compromise, and without a permit. Hallelujah!

We have won a major battle here. We are rejoicing in the Lord and giving all praise to our great King Jesus. Attorney Rick Nelson of the American Liberties Institute and Michael Schmidt, our local attorney, have confronted the city of Concord with its very grave error in restricting the First Amendment Rights of its citizens.

When the city of Concord realized it was being sued by several citizens for its flagrant violation of the Constitution of the United States of America , it contacted the Brough Legal Firm in North Carolina for advice. When our city officials feel the heat, it often results in their seeing the Light.

What was the advice Nick Herman of the Brough Legal Firm offered?

1. Drop all charges and fines levied upon anyone preaching the Gospel of Christ on a public venue with prejudice . With prejudice means that these charges and fines are dropped and can never be brought up against us again. OSA Director Flip Benham was fined $5,000, while Curtis Fennison and Scott Heldreth were each fined $1,000. All of this for preaching the Gospel of Christ without a permit?

2. The city of Concord should immediately do away with all permit requirements regarding the free exercise of First Amendment rights.

Why were we preaching without a permit? Our permit for October 14, 2005, was revoked. Though we had applied for it in appropriate time, place, and manner, and had the permit in our hand, it was revoked by the Concord City Chief of Police. The Chief is a friend of this ministry, a man of integrity, and an unashamed professor of Christ. He was concerned about the fact that he could not protect us – NASCAR was in town. There have been threats made, rocks and bottles thrown, paintball guns shot at us, but this is all to be expected for those following hard after Christ. We asked him if we could sign a waiver relieving the city and him of the responsibility for our welfare. He could not, in good conscience before God do that, so we, in good conscience, were left with a choice - obey God or obey man.

“…Judge for yourselves whether it is right in God's sight to obey you rather than God. For we cannot help speaking about what we have seen and heard.” Acts 4:19-20.

Do we need a permit to preach or assemble on a public sidewalk in America ? Absolutely not! We have known for a long time that Concord City Code Sec. 50-47, requiring that permits be issued (48 hours in advance) wherever two or more are gathered together on a public venue to promote any cause, was unconstitutional on its face. This ordinance made criminals out of every church witnessing team that spontaneously decided to share Christ on a public sidewalk. It made criminals out of every political action group that posted signs for its candidate. It made criminals out of every department store or grocery store that placed employees outside with signs to draw people to the store. It made criminals of us all. We just didn't know it.

THE BATTLE WAS ON!

It is more than coincidental that this City Code targets two or more . “For where two or three are gathered together in my Name, there I am in the midst of them.” Matthew 18:20. I don't really believe that the city fathers knew who it was that they were targeting when they crafted this diabolical ordinance but this Scripture is pretty revealing.

Our lawsuit pending against the City of Concord is still scheduled for next week in Winston – Salem. Below is our press release sent out on October 14, 2005.

City of Concord to Suppress Free Speech of National Christian Group

The City of Concord, North Carolina has announced that it has revoked the previously issued permit to Operation Save America for its planned Gospel proclamation this weekend, October 14, 2005. Criminal charges and arrests have been threatened if the group preaches the Gospel and tests the legality of this reversal.

Overturning its previously issued policy, the city has for the first time restricted the free speech of local Christians desiring to proclaim Christ.

Pastor Flip Benham, National Director of the organization, stated, “We have jumped through every hoop the city of Concord has set before us. We have applied for and received the appropriate documents. This arbitrary decision is dead wrong! The City of Concord has violated the Law of God and the Constitution of the United States of America.”

Concord, North Carolina, has revoked all permits to preach or teach in Jesus' Name. “This will not stand!” said Benham. “ For Christians to be locked up for meeting on a public sidewalk, anywhere in America, is criminal.”

Since the late 1980's, Operation Save America , previously known as Operation Rescue, has tested the constitutionality of such free speech restrictions in its stated goal of proclaiming the Gospel of Christ and overturning Roe v. Wade.

Here is the draft letter from the city of Concord to OSA

November 28, 2005

CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Phillip L. Benham             Curtis A. Fennison
3021 Winners Circle          114 Barron Drive
Concord, NC 28025           Mount Holly, NC 28120

Scott Heldreth
109 Plymouth Street
Kannapolis , NC 28083-5049

RE: Citations Issued for Violating Concord City Code section 50-47 (b): Parades and Demonstrations on October 14, 2005

Dear Sirs:

The Citations issued against you on October 14, 2005 and mailed to you on October 25 and October 31, 2005 are hereby rescinded with prejudice and will not be reinstated. The need for the administrative hearing scheduled for Thursday, December 1, 2005 at 2:00 PM is thereby obviated.

Very truly yours,

City Attorney

bcc: Nick Herman, Jim Hipp, Merl Hamilton, Mike Schmidt, Rick Nelson via first class mail