Street preacher says Springfield's noise ordinance infringes upon his right to free speech

Street preacher Aaron Brummitt believes it's his calling to proclaim the gospel, publicly and loudly.

He also believes it's his constitutional right to do so — one that's being violated by a Springfield ordinance that regulates the use of amplified sound in public spaces.

His sermon at the downtown square on the night of March 30 — Good Friday — was cut short by police officers. Brummit did not immediately stop preaching when asked to step down.

As Brummitt was being handcuffed, he called the officers "corrupt," "cowards" and "bullies." His words boomed through speakers clipped to his belt.

The 34-year-old pastor of Lighthouse Anabaptist Church wants the city to allow him to preach on the downtown square and other public hubs with a speaker and without having to obtain a special event permit. If City Council doesn't take action, Brummitt said, he's considering filing a lawsuit.

It's not the first time Brummitt has clashed with the city over his street preaching. In 2013, he was ticketed repeatedly and arrested once for disturbing the peace downtown. An agreement was reached in 2014, which allowed for the tickets to be dismissed. In return, Brummitt agreed to certain volume and frequency restrictions on his public sermons.

Last year, City Council tweaked the noise ordinance. City leaders approved new restrictions on the use of amplified sound and other changes that made it easier for police to address noise violations for mixed-use areas such as downtown.

Weeks before Brummitt's Good Friday handcuffing, he had been slapped with a ticket for violating the new amplified sound regulations. He pleaded not guilty and plans to fight the ticket in municipal court.

Brummitt told the News-Leader that electronic speakers are essential to what he calls his "mission of mercy."

"Loudspeakers, today, are indispensable in public speech," Brummitt said. "It is the way people are reached ... It's not just your audible voice that is protected (by the Constitution), it is the effectiveness of that speech so you can be heard."

Brummitt said he believes he's been unfairly targeted by the city and those who file complaints against him.

"I believe it's the message we're preaching and not the volume," Brummitt said. "It's a warning that many people do not want because it's confrontational and forces them to examine their lives ... we believe very strongly that we should be going to them and warning them there is an eternity with or without God's mercy."

City leaders have repeatedly stated in the past that the amplified sound ordinance regulates the level of volume, not the content of the message.

The ordinance was passed in January 2017 in an 8-1 vote. Councilwoman Kristi Fulnecky cast the lone vote in opposition, voicing concerns that it could "potentially target religious speech and the First Amendment."

According to the ordinance, people are not allowed to use an amplification system to transmit sounds in the following circumstances:

The volume "unreasonably disturbs or alarms" other people within residential, business or commercial buildings

The volume "unreasonably disturb(s) or interfere(s)" with other activities or patrons of activities that have received a permit from the city

The sound is "plainly audible" 50 feet or more from the speakers, between 11 p.m. and 7 a.m.

According to Assistant City Attorney Rhonda Lewsader, the city's amplified sound ordinance passes constitutional muster because it's content-neutral and narrowly tailored.

"In general, there's a significant body of case law that says people have a right to free speech, but a city can place reasonable time, place and manner restrictions on that as long as people have a way to get their message out," Lewsader said. "... Other folks have rights, too, because they have the right to not have their peace disturbed and events disturbed, at least to some degree."

Brummitt's brush with police on March 30 was caught on video. A recording was posted on YouTube, titled "Police assault pastor on Good Friday." The incident was also described in a police report.

Shortly before 10 p.m., an officer working in an extra-duty capacity for the Urban Districts Alliance approached Brummitt.

According to the incident report, Brummitt was not cooperative when the officer asked him to step off his podium to speak with him.

In the video, Brummitt attempts to remove his arm from the officer's grasp.

Eventually, four officers surround Brummitt, and he is placed in handcuffs.

Throughout the encounter, Brummitt continues to yell through the speakers.

"Get your hands off me. You're unlawful. You're corrupt. You're corrupt, you have no right to do what you're doing," Brummitt said. "..."They're cowards that hide behind a badge. They're cowards that hide behind a gun. They're bullies of the new world order. Shame on them, they're a disgrace to this nation."

He also repeatedly yells, "Stop twisting my arm."

Brummitt was later released.

Police spokeswoman Lisa Cox said the officer "acted outside the scope of the ordinance." There were no complaints made against Brummitt at the time and it was before 11 p.m., when officers can begin enforcing noise violations on their own volition.

Brummitt showed up at the April 9 City Council meeting with his arm in a sling. He said his arm was injured when police pulled his hands behind his back to handcuff him.

According to the incident report, none of the officers heard Brummitt complain of pain and there were no visible signs of injury.

A friend of Brummitt's, Derral Reynolds, approached the podium on Monday night and asked City Council members to allow public preaching with amplified sound and without a permit.

Mayor Ken McClure said he would take Reynolds' request "under advisement."

Reynolds later told the News-Leader that he was at Park Central Square when Brummitt was briefly detained. He said it was part of the reason he decided to speak to council members.

"I think Christian values and constitutional rights have been under assault for many years. It started under (President) Obama," Reynolds said. "I think it's time to step up and say, 'Enough is enough.'"

Reynolds and Brummitt questioned why police did not stop other rallies, such as the Greater Ozarks Pridefest and March For Our Lives, that used sound amplification devices.

City spokeswoman Cora Scott told the News-Leader that organizers of those events had obtained special event permits.

Brummitt believes it's "unlawful" to require a permit for "freedom of speech rallies."