A California street preacher arrested while evangelizing to concert-goers outside a public events arena no longer faces charges after a religious freedom law firm argued that law enforcement made an “unfortunate and serious mistake” that resulted in the violation of the pastor’s First Amendment rights.

The San Bernardino County District Attorney has dismissed the charges against Pastor Arturo Fernandez following his arrest in June, according to a Dec. 5 statement from Advocates for Faith & Freedom.

“This dismissal is a victory for free speech and religious expression,” Advocates for Faith & Freedom Attorney Julianne Fleischer said in a statement.

“Pastor Fernandez was peacefully exercising his God-given and constitutionally protected rights to share the Gospel of Jesus Christ,” the attorney continued. “While we have the utmost respect for the men and women in law enforcement, no government entity has the right to silence lawful public preaching.”

The Ontario Police Department and the San Bernardino County District Attorney’s Office did not immediately respond to The Christian Post’s request for comment.

Following the street preacher’s arrest, the law firm issued demand letters to the Ontario Police Department and the division chief at the district attorney’s office in San Bernardino County.

According to copies of the letters Advocates for Faith & Freedom provided to The Christian Post, the incident began when two security guards at the Ontario-based Toyota Arena approached the street preacher.

Fernandez had reportedly positioned himself on the sidewalk at the top of a flight of stairs, standing about 20 feet from concert-goers as they entered the arena.

The letters also noted there were four sets of railings between the street preacher and the event attendees. While the law firm argued that Fernandez had preached at the arena for years without incident, the two arena security guards approached the man with a written warning.

One of the guards told Fernandez that he was on private property, but the preacher insisted he was standing on public property and that the guard should call the police to confirm. An officer who arrived on the scene told the street preacher that Toyota Arena is a “property run by a private company,” meaning that the company has the right to decide who it wants and doesn’t want on the property.

The officer claimed that Fernandez was violating the company’s code of conduct, and he instructed the preacher to leave or face arrest for trespassing. When the preacher brought up free speech rights and asked to speak with the officer’s supervisor, the policeman insisted that the company had the right to insist on Fernandez’s removal.

“Pastor Fernandez explained to the officer that he had preached at the Toyota Arena before, that the City of Ontario owns the property, and that when certain parties use the Arena, their right to exclude only applies to the inside of the building,” the letter stated. “The officer denied this latter statement, arguing that such parties’ rights extend to the parking lot.”

After the pastor insisted that he had a right to preach outside of the arena, the officer warned Fernandez again that he would arrest him if the preacher continued refusing to leave. According to the letter, Fernandez “peacefully submitted” to the arrest. He was charged with trespass in violation of California Penal Code section 602.

The street preacher was eventually released and ordered to appear in court in October, according to Advocates for Faith & Freedom. While the nonprofit law firm expressed its respect for the police, it argued that the department violated the preacher’s First Amendment rights.

The firm argued that the First Amendment protects street preachers and that entities with a permit to use public property “do not enjoy unfettered control over the speech occurring on that property.”

“Even if the arresting officer acted in the public’s interest, we find further proof of his mistake in the fact that the government had no substantial interest in removing Pastor Fernandez due to public safety or traffic flow concerns,” the letters state.

During his time preaching at the concert, Fernandez was standing 20 feet away from the event attendees, which the firm claimed is a “respectful distance,” adding that the nature of the man’s preaching posed no threat to public safety. In addition, Advocates for Faith & Freedom emphasized that the arresting officer presented no evidence that Fernandez had obstructed traffic.

“Thus, Ontario Police Department has no substantial interest in stifling Pastor Fernandez’s street preaching, and the officer was mistaken when he arrested the Pastor for trespassing,” the legal group concluded.

As a result of the letters, the San Bernardino County District Attorney’s office agreed to dismiss the charges.

The case is not the first time Fernandez has been arrested for street preaching. In 2021, Fernandez was arrested but not charged while preaching in San Bernardino.
Sources:Christian Post

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