A California street preacher who was arrested while evangelizing to concert-goers outside the arena is no longer facing charges.
This decision followed a religious freedom law firm's claim that law enforcement made a mistake that violated the pastor’s First Amendment rights.
The San Bernardino County District Attorney has dismissed the charges against Pastor Arturo Fernandez following his arrest in June, according to a statement from Advocates for Faith & Freedom on December 5.
“This dismissal is a victory for free speech and religious expression,” said Julianne Fleischer, an attorney with Advocates for Faith & Freedom. “Pastor Fernandez was peacefully exercising his God-given and constitutionally protected rights to share the Gospel of Jesus Christ. No government entity has the right to silence lawful public preaching,” she continued.
Following the preacher’s arrest, the law firm sent demand letters to the Ontario Police Department and the division chief at the district attorney’s office in San Bernardino County.
According to copies of the letters provided to The Christian Post, the incident began when two security guards at the Toyota Arena approached Fernandez while he was preaching. Fernandez had positioned himself on the sidewalk at the top of a flight of stairs, about 20 feet from concert-goers entering the arena.
The law firm noted that Fernandez had preached at the arena for years without incident, but this time, the guards approached him with a written warning.
When an officer arrived, he told Fernandez that Toyota Arena is “a property run by a private company,” which has the right to control access. The officer stated that Fernandez was violating the company’s code of conduct and ordered him to leave or face arrest for trespassing.
Pastor Fernandez argued for his free speech rights and requested to speak to the officer’s supervisor, but the officer insisted that the company had the right to enforce Fernandez’s removal.
After the pastor insisted on his right to preach outside the arena, the officer warned him again that he would be arrested if he refused to leave. According to the letter, Fernandez “peacefully submitted” to the arrest.
He was charged with trespassing under California Penal Code section 602, released, and ordered to appear in court in October. However, following the demand letters from his legal representation, the San Bernardino County District Attorney’s office agreed to dismiss the charges.
This is not the first time Fernandez has faced legal issues for street preaching; he was arrested but not charged in 2021 while preaching in San Bernardino.
