In what a religious freedom attorney called a victory for free speech, the San Bernardino County District Attorney has dismissed all charges against a California street preacher who was arrested while preaching to concertgoers outside a public events arena in June.

The arrest occurred after a security guard, acting on behalf of a private entity using the city-owned arena, objected to Fernandez’s preaching and instructed him to leave. When Fernandez asserted his constitutional right to free speech on public property, the Ontario Police Department arrested him, booked him into jail and charged him with trespassing. Fernandez was eventually released and ordered to appear in court in October.

Advocates for Faith & Freedom, a California-based law firm, immediately issued demand letters to the Ontario Police Department and to the district attorney, urging the dismissal of what they said was a baseless charge.  

According to the letters, which were obtained by The Christian Post, the incident began when two security guards at the Ontario-based Toyota Arena approached the street preacher. Fernandez, who had preached at the arena for years, had reportedly positioned himself on the sidewalk at the top of a flight of stairs, standing about 20 feet from concertgoers as they entered the Toyota Arena. 

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, the letters said.

An officer who arrived on the scene told Fernandez 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. Fernandez “peacefully submitted” to an arrest. 

In its letters to the district attorney, Advocates for Faith & Freedom argued that the First Amendment protects preachers and that entities with a permit to use public property “do not enjoy unfettered control over the speech occurring on that property.”

The law firm insisted that law enforcement made an “unfortunate and serious mistake” that resulted in the violation of Fernandez’s First Amendment rights. “Pastor Arturo Fernandez was unlawfully charged with trespassing, despite remaining on a public sidewalk, conducting himself lawfully, and exercising his First Amendment rights.” 

In response, the San Bernardino County district attorney dismissed the charges against Fernandez following his arrest in June, according to a statement from the law firm. 

“This dismissal is a victory for free speech and religious expression,” said attorney Julianne Fleischer 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.”

Photo: European Sports Photo Agency / Alamy Stock Photo