GFA Law announced it is representing David Grisham after Fort Worth police cited him outside Trinity Pride Fest. | Collage by DX; images courtesy of Carlos Turcios and GFA Law
Christian street preacher David Grisham is challenging a disorderly conduct noise citation issued during Trinity Pride Fest, with his attorneys alleging Fort Worth police violated his constitutional rights and misapplied city and state noise rules.
Attorneys Challenge Citation
GFA Law, PLLC announced July 2 that it is representing Grisham and intends to challenge the citation and any related enforcement action. The firm said Fort Worth Police Department officers threatened Grisham with arrest and later cited him while he was speaking outside Trinity Pride Fest on June 27.
“Mr. Grisham was exercising his right to express his views on matters of significant public concern,” the firm stated. “The Fort Worth Police Department responded, not by protecting his constitutional rights, but by threatening him with arrest and ultimately issuing a citation.”
As previously reported by The Dallas Express, Grisham and street preacher Richard Penkoski alleged officers restricted their speech on public streets and sidewalks near the event.
DX later reported that FWPD acknowledged an officer made inaccurate statements during the encounter and announced refresher training for officers on First Amendment protections.
FWPD Cites Bullhorn Use
FWPD has said the citation stemmed from Grisham’s use of a bullhorn outside the festival grounds, not the content of the preachers’ message.
According to the department, officers responded after business owners complained that amplified noise disrupted nearby businesses and caused them to lose customers. FWPD said officers warned Grisham that continued use of the device would violate the city’s noise ordinance.
“The person continued using the bullhorn, which resulted in a citation for disorderly conduct (noise) being issued,” the department said in a statement previously provided to DX. “The bullhorn was seized as evidence.”
FWPD also disputed allegations that officers prevented the men from expressing their views.
“At no time did officers prevent any individuals from expressing their views,” the department said. “Officers told the individuals they could continue exercising their rights without using an amplification device.”
The department said video circulating online showed only part of the interaction and acknowledged that an officer made statements that were not accurate. FWPD did not specify which statements were inaccurate.
Noise Ordinance Dispute
GFA Law argues the citation was unlawful because officers did not measure the sound level with a decibel meter before issuing it.
The firm said Fort Worth’s noise ordinance “clearly requires” officers to first measure the challenged noise using a decibel meter and alleged that “no officer performed a decibel check.”
Fort Worth’s noise ordinance sets decibel limits for certain zoning districts and includes measurement procedures. The ordinance also says city officials may enforce noise rules through alternative means when noise meters are not available. It also says city officials do not need a decibel reading to enforce a subsection prohibiting unreasonably loud noise that disturbs a reasonable person of ordinary sensibilities.
GFA Law also argues that state law preempts Fort Worth’s ordinance because Texas Penal Code Section 42.01 already addresses unreasonable noise.
The firm cited Texas Penal Code Section 42.01(c)(2), which says Texas law presumes a noise unreasonable if it exceeds 85 decibels after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance.
GFA Law argues Fort Worth’s ordinance conflicts with state law because it sets some noise limits below 85 decibels.
The firm called on the City of Fort Worth to dismiss the citation and retract any related enforcement action.
Training Planned
FWPD previously told DX the City of Fort Worth Law Department will provide refresher training to Fort Worth police officers and new trainees.
The training will focus on First Amendment protections and related legal issues involving free speech, protesters, and similar activity, according to the department.
“FWPD continuously strives to improve its procedures to ensure both constitutional rights and public safety are protected,” the department said.
The Fort Worth Police Department said it will provide additional information once its review is complete. Fort Worth ranked third among the 50 largest U.S. cities in SmartAsset’s 2025 “America’s Safest Cities” study.
Lawsuit Threatened
In a Facebook post, CJ Grisham wrote, “We will sue every cop and city in Texas until they get it through their thick skulls that the Constitution applies in Texas.”
The July 2 release did not identify a lawsuit already filed over the June 27 citation.