\n 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 <\/p>\n
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.<\/p>\n
Attorneys Challenge Citation<\/p>\n
GFA Law, PLLC announced<\/a> 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.<\/p>\n \u201cMr. Grisham was exercising his right to express his views on matters of significant public concern,\u201d the firm stated. \u201cThe Fort Worth Police Department responded, not by protecting his constitutional rights, but by threatening him with arrest and ultimately issuing a citation.\u201d<\/p>\n As previously reported<\/a> by The Dallas Express, Grisham and street preacher Richard Penkoski alleged officers restricted their speech on public streets and sidewalks near the event.<\/p>\n DX later reported<\/a> that FWPD acknowledged an officer made inaccurate statements during the encounter and announced refresher training for officers on First Amendment protections.<\/p>\n FWPD Cites Bullhorn Use<\/p>\n FWPD has said the citation stemmed from Grisham\u2019s use of a bullhorn outside the festival grounds, not the content of the preachers\u2019 message.<\/p>\n 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\u2019s noise ordinance<\/a>.<\/p>\n \u201cThe person continued using the bullhorn, which resulted in a citation for disorderly conduct (noise) being issued,\u201d the department said in a statement<\/a> previously provided to DX. \u201cThe bullhorn was seized as evidence.\u201d<\/p>\n FWPD also disputed allegations that officers prevented the men from expressing their views.<\/p>\n \u201cAt no time did officers prevent any individuals from expressing their views,\u201d the department said. \u201cOfficers told the individuals they could continue exercising their rights without using an amplification device.\u201d<\/p>\n 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.<\/p>\n Noise Ordinance Dispute<\/p>\n GFA Law argues the citation was unlawful because officers did not measure the sound level with a decibel meter before issuing it.<\/p>\n The firm said Fort Worth\u2019s noise ordinance \u201cclearly requires\u201d officers to first measure the challenged noise using a decibel meter and alleged that \u201cno officer performed a decibel check.\u201d<\/p>\n Fort Worth\u2019s 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.<\/p>\n GFA Law also argues that state law preempts Fort Worth\u2019s ordinance because Texas Penal Code Section 42.01<\/a> already addresses unreasonable noise.<\/p>\n 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.<\/p>\n GFA Law argues Fort Worth\u2019s ordinance conflicts with state law because it sets some noise limits below 85 decibels.<\/p>\n The firm called on the City of Fort Worth to dismiss the citation and retract any related enforcement action.<\/p>\n Training Planned<\/strong><\/p>\n FWPD previously told<\/a> DX the City of Fort Worth Law Department will provide refresher training to Fort Worth police officers and new trainees.<\/p>\n The training will focus on First Amendment protections and related legal issues involving free speech, protesters, and similar activity, according to the department.<\/p>\n \u201cFWPD continuously strives to improve its procedures to ensure both constitutional rights and public safety are protected,\u201d the department said.<\/p>\n The Fort Worth Police Department said it will provide additional information once its review is complete. Fort Worth ranked third<\/a> among the 50 largest U.S. cities in SmartAsset\u2019s 2025 \u201cAmerica\u2019s Safest Cities\u201d study.<\/p>\n Lawsuit Threatened<\/p>\n