Mount Rushmore officials sued over free speech, religion

Pierre, USA - America's "shrine of democracy" is the setting for another fight over religion and public land.

A Christian law group is accusing Mount Rushmore officials of trampling the free speech and religious rights of a Minnesota man who alleges he cannot get a permit to distribute religious materials at the national monument.

The Arizona-based Alliance Defense Fund has filed a lawsuit in federal court in Washington, D.C., against monument officials on behalf of Michael Boardley of Coon Rapids, Minn.

The suit says Boardley distributed "gospel tracts" at the monument on Aug. 9 without incident but was told the next day he needed a permit.

Gerard Baker, Mount Rushmore superintendent, said Boardley has never applied for a permit.

"We have never denied a permit," Baker said. "All he has to do is get a hold of us, and we'll give him a permit. We issue 70-plus permits a year, and I'm not sure what's going on."

Boardley would like to return to the monument to distribute gospel tracts, but he has been unable to get a permit, the ADF says in the lawsuit. Refusing to give him a permit is a violation of his constitutional rights of free speech, freedom of religion and due process, the complaint alleges.

Boardley has not applied for a permit because Mount Rushmore officials would not give him an application, both when he was at the monument and later when he called and asked for one, Kevin Theriot, ADF senior counsel, said Monday.

In the lawsuit, which also names the U.S. Interior Department and National Park Service, ADF asks the court to strike down Mount Rushmore's rules on literature distribution and the defined area where that is allowed.