In a landmark decision that demonstrates the enduring power of the First Amendment, a federal court has ruled in favor of Rev. Patrick Mahoney, executive director of the Christian Defense Coalition, in his lawsuit against the U.S. Capitol Police Board.

The court’s injunction permanently bars Capitol Police from restricting First Amendment activities on the eastern steps of the U.S. Capitol. This ruling, which follows Mahoney’s 2021 arrest during a prayer vigil, not only vindicates his fight for religious freedom but also reaffirms the Capitol as a space for public expression, setting a historic precedent for free speech rights in America.

Rev. Mahoney is no stranger to protesting against Christian persecution and the right to free religion guaranteed in the U.S. Constitution. Yet, in August 2021, something was different.

U.S. Capitol police obstructed a prayer vigil on those eastern steps and took Rev. Mahoney into custody. He sued the USC Police Board later that week. The crux of his argument was a move of preferential treatment as others were allowed to use the steps to voice support for their causes. .

One example is Rep. Cori Bush (D-MO), a first-year Congresswoman who took exception to a lapse in the federal moratorium in favor of enforced guidelines and protocols regarding the national pandemic. At the time, she made a public statement by sleeping on the steps of the U.S. Capitol in protest.

She believed extending the deadline for COVID-19 protections was paramount despite the House being at recess. In effect, ending this legislation would have allowed renters to be evicted if contracting the disease. Policymakers, as did the White House, later announcing a 60-day eviction ban, paid attention.

One week prior, Mahoney petitioned Congress and held a prayer service at the foot of those steps. He was arrested because of heightened security restrictions created by the insurrectionist acts on January 6, 2021.

When Rep. Bush’s sleeping protest was permitted, he filed a lawsuit. The rest is now history.

Mahoney: “Historic First Amendment Victory”

Two men carrying large white cross to the U.S. Capitol steps
Rev. Patrick Mahoney of the Christian Defense Council carries a 15′ cross to the U.S. Capitol in 2023. (Image credit: @RevMahoney via Twitter/X)

The victory was at the hand of James E. Boasberg, Chief Judge of the United States District for the District of Columbia. Earlier this week, he issued a permanent injunction against the United States Capitol Police Board.

His ruling bars Capitol Police from prohibiting First Amendment activities from being held on the lower portion of the eastern steps of the U.S. Capitol.

According to the official suit, Mahoney sought a designation against what happened to him in 2021: “This regulation is unconstitutional and a permanent injunction preventing the Board from enforcing it.”

On the contention that the Board’s regulation is constitutionally valid, “the Court will grant his Motion and enter a permanent injunction.”

We celebrate this historic 1st Amendment victory and are thankful for the ‘The People’s House’ being returned back to the people. The ‘People’s House,’ as the US Capitol Building is so rightly called, must be a place where all Americans are afforded the right to come and peacefully celebrate and express their First Amendment Rights and not be reserved exclusively for political elites.

Rev. Patrick Mahoney via news release

Moving forward, the lower portion of the eastern Capitol steps will be treated as a public forum. The Capitol Police’s “No Demonstration Zone” policy will be lifted, and barricades will be removed. This extends the legal rights of the Constitution to anyone who seeks to protest or assemble peacefully.

Mahoney believes the federal ruling in his favor “sends a powerful message to government officials” and reinforces the constitutional rights of free speech and religious freedom.

The First Amendment ensures every American can peacefully express their views in the public square, free from government intimidation, harassment, or favoritism.  This should be especially true at the United States Capitol building.

To celebrate the decision, the Christian Defense Coalition plans to hold a prayer service on those same eastern steps of the U.S. Capitol in June.

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