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VICTORY: After FIRElawsuit, Georgia city forced to apologize to veteran arrested for holding ā€˜God Bless the Homeless Vetsā€™ sign outside city hall

Jeff Gray featured image

Lacy Jessica Photography

  • After a lawsuit from FIREand UGAā€™s First Amendment Clinic, Port Wentworth issued a formal apology to Gray and will donate to charity, train officers on the First Amendment, and announce that space outside city hall is open for expressive activity.

PORT WENTWORTH, Ga., Nov. 21, 2023 ā€” A Georgia city apologized and paid up to settle a lawsuit about its officerā€™s arrest of a veteran for holding a sign that said ā€œGod Bless the Homeless Vetsā€ outside of its city hall.

Following a First Amendment lawsuit from the FIREand the University of Georgia Law Schoolā€™s First Amendment Clinic, the City of Port Wentworth, Georgia, agreed to a settlement with Jeff Gray. As part of the settlement, the city agreed to donate a symbolic $1,791 to the  ā€”a nod to the First Amendmentā€™s ratification in 1791 ā€” and will give $1,791 each to Gray and ¹ū¶³“«Ć½app¹Ł·½. Port Wentworth will also maintain the public space in front of city hall as an open public forum and train its officers on citizensā€™ First Amendment rights.

ā€œPort Wentworth found out the hard way that it canā€™t try to bulldoze my rights and get away with it,ā€ said Gray, who regularly examines whether government officials know and respect citizensā€™ First Amendment rights. ā€œIā€™m thankful for the outcome here, but I wonā€™t stop speaking out on behalf of myself and my fellow citizens.ā€

COURTESY PHOTOS OF JEFF GRAY

On Jan. 31, FIREfiled two lawsuits on Grayā€™s behalf to protect Americansā€™ right to speak outside government buildings: the first, against Alpharetta, Georgia, and two of its police officers; and the second, against the police chief of Blackshear, Georgia. On July 17, FIREfiled a third lawsuit against Port Wentworth. 

On July 19, 2021, Gray was arrested in Port Wentworth by then-Sergeant Robert Hemminger. In conversations , Hemminger acknowledged to city employees ā€” and Gray, repeatedly ā€” that Gray wasnā€™t doing anything unlawful. But the employees adamantly , ā€œHe canā€™t stand in front of our city hall talking about ā€˜support the homeless vets.ā€™ We canā€™t have that.ā€ 

When Gray chose to remain, he was arrested. Hemminger claimed that city hallā€™s sidewalks were private property, charged Gray with a misdemeanor, and banned him from visiting city hall again. Hemmingerā€™s body camera then captured the sergeant explaining that he had arrested Gray because Gray was playing a ā€œā€ by standing up for his rights.

ā€œIf police departments do not create a culture of respect for constitutional rights, their officers will view them as a game,ā€ said FIREattorney Adam Steinbaugh. ā€œWhen police officers treat the Constitution as a game, we all lose.ā€

In 2011, Gray launched a  to share videos of what he calls ā€œcivil rights investigations.ā€ He peacefully asserts his rights in towns across the southeastern U.S. and records whether government officials understand and respect citizensā€™ rights. He posts both  and negative interactions with police to ensure that law enforcement honor their oaths to ā€œsupport and defendā€ the Constitution.

FIRE brought the Port Wentworth and Blackshear lawsuits in collaboration with , which provides law students with real-world practice experience directly representing clients on First Amendment claims and serves as an educational resource on issues of free expression and press rights. On July 6, 2023, Blackshear agreed to eliminate an unconstitutional ordinance that required the mayorā€™s permission to hold a demonstration. Grayā€™s lawsuit against Alpharetta ā€” where police told Gray that ā€œcontroversyā€ was ā€œdisorderly conductā€ and stopped him from filming them ā€” remains pending.

The FIRE(¹ū¶³“«Ć½app¹Ł·½) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought ā€” the most essential qualities of liberty. FIREeducates Americans about the importance of these inalienable rights, promotes a culture of respect for these rights, and provides the means to preserve them.

CONTACT
Katie Kortepeter, Communications Campaign Manager, ¹ū¶³“«Ć½app¹Ł·½: 215-717-3473; media@thefire.org 

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