In 2022, street preacher Rich Penkoski used social media to express his moral and religious concerns about a church that endorses same-sex marriage and a public drag queen performance in front of children. In one of Penkoski’s posts, he shared the church’s public photo of a same-sex wedding involving leaders of an LGBTQ organization and quoted Bible verses describing God’s judgment of sin. In a second post, Penkoski criticized the church’s publicly shared photos of children celebrating Gay Pride Month. In a third post, Penkoski weighed in on a regional effort to ban adult-oriented entertainment in public spaces. Attempting to refute what he believed were false statements by one of the leaders of the LGBTQ group who told city council that no adult-oriented entertainment, obscenity, or sexually suggestive performances had occurred at a Gay Pride event, Penkoski posted a video clip of the LGBTQ leader’s public statement to city council along with a video and photos of a drag queen behaving in a sexually suggestive manner near children at the Pride event.
Although there was no evidence that Penkoski ever contacted, spoke to, tagged, or met the public figures leading the LGBTQ group, the trial court—based upon claims that the LGBTQ leaders felt terrorized and harassed by Penkoski’s three social media posts on religious and political issues—imposed a five-year protective order against him. Under the terms of the court’s order, which Rutherford Institute attorneys condemn as so vague and overly broad as to chill lawful First Amendment activities, Penkoski could be subject to arrest and up to one year in jail for engaging in conduct that might cause his accusers to fear for their safety, which could broadly be interpreted to prevent him from citing similar Bible verses critical of the church’s or LGBTQ group’s activities.
Affiliate attorneys Joe M. Fears and Richard D. White, Jr. with Barber & Bartz are representing Penkoski on the appeal to the Oklahoma Supreme Court.
The Rutherford Institute, a nonprofit civil liberties organization, defends individuals whose constitutional rights have been threatened or violated and educates the public on a wide spectrum of issues affecting their freedoms.
This press release is also available at www.rutherford.org.
Source: https://bit.ly/3KV9eKD
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