Christian street preacher David Grisham is legally challenging a disorderly conduct noise citation issued by Fort Worth police during the Trinity Pride Fest. His legal team contends that law enforcement officers violated his constitutional rights and misapplied city and state regulations regarding amplified sound.
GFA Law, PLLC announced on July 2 that it is representing Grisham and intends to contest the citation and any associated enforcement actions. The firm stated that officers threatened Grisham with arrest and subsequently issued the citation while he was speaking outside the festival grounds on June 27. In a statement, the firm asserted that Grisham was exercising his right to express views on public matters and that police responded with threats rather than protecting his rights.
Grisham and fellow preacher Richard Penkoski previously alleged that officers restricted their speech on public streets and sidewalks near the event. Fort Worth Police Department (FWPD) acknowledged that an officer made inaccurate statements during the encounter and announced plans for refresher training on First Amendment protections. However, the department disputed claims that the men were prevented from speaking.
FWPD stated that the citation resulted from Grisham’s use of a bullhorn outside the festival, not the content of his message. The department noted that business owners complained the amplified noise disrupted their operations and caused a loss of customers. Officers reportedly warned Grisham that continued use of the device would violate the city’s noise ordinance. After he continued using the bullhorn, officers issued the citation and seized the device as evidence.
GFA Law argues the citation was unlawful because officers did not measure the sound level with a decibel meter before issuing it. The firm claims Fort Worth’s noise ordinance requires such a measurement and alleges no officer performed one. The firm also argues that Texas Penal Code Section 42.01 preempts the city ordinance because state law presumes noise is unreasonable only if it exceeds 85 decibels after notice from a magistrate or officer. GFA Law contends the city ordinance conflicts with state law by setting some limits below that threshold.
