Cumming, USA - A federal lawsuit has been filed on behalf of a 67-year-old Cumming man who was arrested and jailed for three days in April for passing out religious tracts on a public sidewalk.
"Christians cannot be treated as second-class citizens and be required to request permission from the government before handing out religious literature on a public sidewalk," said Alliance Defense Fund attorney David Cortman, who filed the lawsuit for Cumming resident Fredric Baumann.
The lawsuit, filed Wednesday in U.S. District Court in Gainesville, asks that the city of Cumming's parade and demonstration permit — which was the basis for Baumann's arrest — be declared unconstitutional.
Attempts to reach city officials for comment were not successful Thursday.
Earlier this month, Forsyth County Superior Court Judge Jeffrey S. Bagley threw out Baumann's conviction for violating the ordinance, based on a challenge filed by Cortman's group.
Baumann was arrested on April 22 as he stood on a sidewalk outside the Cumming Fairgrounds and handed out tracts to visitors to the Taste of Forsyth festival. He was jailed for three days, convicted by a City Court judge, and sentenced to time served.
The lawsuit describes Baumann as a man of faith who feels called to spread the Gospel. It alleges that Baumann was selectively prosecuted for exercising his First Amendment free speech rights and has been unable to continue his mission because of "fear of subsequent arrest, detention and prosecution."