Missionaries Win Right To Place Literature On Cars

Missionaries Win Right
To Place Literature On Cars

( MCNS) -- Henry and Marie Mesarosh have won their battle against the city of Cleveland, Tennessee, over the right to distribute religious literature by placing it on cars.

After police threatened to fine the Mesaroshes, they filed suit. The Mesaroshes are represented by Liberty Counsel.

The city of Cleveland Ordinance challenged in this action prohibited placing literature on automobiles unless there is an occupant in the car willing to accept the literature. Henry and Marie Mesarosh are self-supporting missionaries who distribute religious literature as a means of spreading the Gospel.

While the city of Cleveland police officers threatened the Mesaroshes with fines, the police force distributed literature regarding automobile theft by placing the literature on unoccupied cars. The Bradley News Weekly ran a story on January 9, 2002, which displayed a picture of a city of Cleveland police officer placing a pamphlet on preventing auto theft under the windshield wipers of an unoccupied car in the city of Cleveland.

After the federal suit was filed, the city almost immediately agreed to settle the case. That settlement has now been approved by a federal judge. Under the court-approved settlement, the city repealed the ordinance and is required to adopt a policy allowing distribution of literature. The city paid damages to the Mesaroshes and also was required to pay for attorneys' fees and costs.

Mathew D. Staver, President and General Counsel for Liberty Counsel, noted, "I'm pleased with the settlement. I think the picture we attached to the complaint of a city police officer posing for the newspaper photographer while placing literature on a parked car sealed the fate of the unconstitutional ordinance.

"While some people might be annoyed with literature placed on their vehicle, such distribution is a valuable means of communication.

"Although a citizen can turn away someone desiring to distribute literature on their vehicle, it is no business of the government. If just one person's life can be positively affected by reading a leaflet placed on their vehicle, then this case is worth the effort. I know of such stories, and that is why this settlement is a tremendous victory."