SPF
Wins in Federal Courts
JOHNSTOWN, PA- The Street Preachers’ Fellowship won several
rounds in various Federal Courts during the months of May and
June, which gave the SPF Counsel of Record their first taste of
reward for their “work and labour of love, which they have
shewed toward God’s name, in that they have ministered to
the saints, and do minister” (Hebrew 7:10) in fighting the
battles of God in the Courts of Justice. In the last of May, Counsel
of Record Randy Wenger walked out of Federal District Court in
Detroit, with an Injunction against the City of Monroe, Michigan
for violating the Constitutional Rights of the SPF Michigan chapter,
in attempting to stop their open air preaching and worship of
Jesus Christ in the small city of Monroe. SPF Statewide Director
David Ickes, with his pastor Daniel Mack Hardin (SPF Advisor),
have preached on the streets of Monroe for many years, Brother
Hardin’s street work dating back to 1981 in Monroe. However,
in the spring of this year, the city took upon themselves to prevent
further preaching, and fined Brother Ickes $5.00 for failing to
obtain a permit to do what God has clearly called him to do. That
symbolic vain gesture by the Monroe magistrate, landed the City
of Monroe in Federal District Court, when SPF Counsel filed suit
after their attempts to both instruct the City of Monroe and work
a reconcilable agreement to cease their oppressive action failed.
The SPF’s customary action in all legal controversies with
municipalities and states is first to open correspondence with
the offending government, in proffering Constitutional instructions
as to what their officials and police officers are doing wrong,
and what the SPF recommends to correct the error, in hopes of
“softening Pharaoh’s heart”, so that litigation
is not necessary.
“The
fear of the LORD is the beginning of knowledge:
but fools despise wisdom and instruction.”
-Proverbs 1:7
But
as goes the proverb, so went the Fools of Monroe, and the SPF
was left with no alternative than to seek a Federal Judge’s
instructive power, where instruction is “a rod for
the back of him that is void of understanding”
(Proverbs 10:13). In issuing the Federal Injunction, the Court
set the stage to over turn the Monroe City ordinances in question,
that were being used to stop the SPF’s preaching, and sent
“the powers that think they be” in Monroe back to
Monroe to learn again, that “there is no power but
of God” (Romans 13:1), and that local governments
are once again, the predominant oppressor that the Bible is aiming
at when it warns that “whosoever therefore resisteth
the power, resisteth the ordinance of God: and they that resist
shall receive to themselves damnation” (Romans
13:2).
One of the duties handed to the SPF Counsel of Record, from the
hand of God is to teach this one absolute lesson to anyone that
cares to watch and learn, that local governments, police departments
and magistrates are not “the higher powers” (Romans
13:1). They are simply “powers” that have that power
invested to them from “principalities”, and then legislate
that power to “magistrates” (see Titus 3:1). But they
are not “the higher powers” for the obvious Biblical
mandate which Christians and magistrates oft refuse to remember.
Namely, this;
“If
thou seest the oppression of the poor,
and the violent perverting of judgment and justice in a province,
marvel not at the matter:
for he that is higher than the highest regardeth;
and there be higher than they.”
-Ecclesiastes 5:8
The
New Testament sits down an unchangeable order called “the
ordinance of God” (Romans 13:2), whereby God “ordained”
(vs. 1) the distribution of “all power…in heaven and
in earth” (Matthew 28:18). The powers of the kingdom of
heaven are not without Biblically mandated order. That order is
very clear in the Bible. Jesus Christ clearly stated at the close
of the gospels that, “All power is given unto me
in heaven and in earth” (Matthew 28:18). Accordingly,
Jesus Christ is forever now “the head of all principality
and power” (Colossians 2:10), which he “uphold[eth]…by
the word of his power” (Hebrews 1:3). God Almighty’s
regulatory power over all other principalities and powers is wrought
“in Christ, when God raised him from the dead, and set him
at his own right hand in the heavenly places, far above
all principality, and power, and might, and dominion, and every
name that is named, not only in this world, but also
in that which is to come” (Ephesians 1:19, 20). The ordinance
of that power, which the Bible calls “the ordinances of
justice” (Isaiah 58:2), are distributed in Biblically mandated
levels of supremacy that no man can change. Jesus Christ is “the
head of all principality and power” (Colossians
2:10). Below him are “the ordinances of heaven”
(Jeremiah 33:35) that have “the dominion thereof set in
the earth” (Job 38:33), which ruling order thereof includes
“the ordinances of the moon and of the stars”
(Jeremiah 31:35), called in the Old Testament “the host
of heaven” (Deuteronomy 4:19), “angels” (Genesis
32:1,2), and “gods” (Deuteronomy 17:3), of which God
spake in the Psalms;
“GOD
standeth in the congregation of the mighty;
he judgeth among the gods…
I have said, Ye are gods;
and all of you are children of the most High.
But ye shall die like men,
and fall like one of the princes.”
-Psalm 82:1, 6, 7
Below these, certain powers over the kingdoms of this world are
delivered unto Satan (see Luke 4:5, 6) as “the god of this
world” (2 Corinthians 4:4). He is called “the prince
of the power of the air” (Ephesians 2:2), and below him
are kings, princes, dominions, governors, judges and magistrates,
in that descending order (see 1 Timothy 2:2/ Matthew 20:25, 1
Corinthians 2:6-8/ Colossians 1:16, Ephesians 1:21, Jude 8/Matthew
10:18, 1 Peter 2:14/ Acts 13:20, Matthew 5:25, Luke 18:2-6/ Luke
12:58, Acts 16:20-22, Titus 3:1). Below this group are “them
that are sent by them” (1 Peter 2:14), inclusive of police,
marshals and agents. Their level of authority is measured by expressed
Biblical mandate as to whether their authority is vested to them
as a matter of “principality…power…might…dominion,
[or]…name” (Ephesians 1:21). Some levels
of the ruling class personages fail to recognize the difference
between “power” and “authority”. In the
Bible, the descending “order”, as mentioned above
descends as follows.
1.
Jesus Christ as Head of all principality and power (Colossians
2:10).
2. Principalities (Ephesians 1:21, 6:12).
3. Powers (ibid.).
4. Rulers of the darkness of this world (Ephesians 6:12).
5. Spiritual wickedness in high places (Ephesians 6:12).
6. Men of “might” (Ephesians 1:21), called “the
mighty” (Judges 5:13-23/ Psalm 82:1).
7. Dominions (Ephesians 1:21/ Daniel 7:27/ Colossians 1:16).
8. Judges (Acts 13:20/ Matthew 5:25/ Luke 18:2-6).
9. Magistrates (Luke 12:58/ Acts 16:20-22/ Titus 3:1).
10. “Them that are sent by them” (1 Peter 2:14).
The Street Preachers, as with all the saints, are commanded of
Jesus Christ, as the Head of “all principalities and powers”,
to wrestle spiritually with Numbers 2 through 5, in God’s
name. Street Preachers only deal physically with the last three
who fall within the scope of those “that are in
authority” (1 Timothy 2:2), namely, police officers,
city attorneys and occasionally magistrates. These have limited
authority in the name of the “dominion” that is above
them, of whom they serve under regulatory authority. They are
authorized by a high “author-ity”, to act in the name
of that authority. Hence, they act in the name of the City of
Indianapolis, Monroe, York, the State of Louisiana, etc. Howbeit,
from the hand of God, the SPF Counsel of Record have the task
of teaching those men on the bottom, whether he be policeman,
prosecuting attorney, mayor or magistrate that they are not “the
higher powers” by reason that “there by higher
than they” (Ecclesiastes 5:8). This they do by
dragging them before the “Judges” and “Dominions”
(No. 7 & 8) that are over them, who under the “ordinances”
of God’s law (Romans 13:1-6), regulate the authority of
the men on the bottom.
And
so it came to pass in Street Preachers’ Fellowship vs. THE
CITY OF MONROE, MICHIGAN, 04-70170 before the Honorable Bernard
A. Freidman in the United States District Court for The Eastern
District of Michigan. And so it came likewise to pass in other
Federal Courts during the month of June, where the SPF, through
its outstanding Counsel of Record fought to protect the Constitutional
Rights of its members to preach the gospel of Jesus Christ freely
throughout the streets and lanes of America.
On May 27, 2004, the 7th Circuit Court of Appeals in Chicago agreed
with the SPF, concerning last year’s arrest of four of its
members at the Indy 500 Parade in downtown Indianapolis, that
the City Police could not prohibit SPF members from standing and
preaching the gospel of Jesus Christ along the parade route, nor
could the City prohibit them from displaying banners and passing
out gospel tracts to persons attending the parade. Four SPF members,
including the Director were arrested last year at the Indy 500
parade, and jailed for 12 hours, only to have the charges dropped
by the City Attorney’s office the next month. In petitioning
the Federal District Court in Indianapolis for a Temporary Restraining
Order, the Federal District Judge granted a TRO enjoining the
City from stopping the SPF from passing out gospel literature,
but refused to grant protection for the preaching of the gospel,
or displaying banners. Taking an emergency appeal to the 7th Circuit
Court of Appeals in Chicago, Chief Counsel Leonard Brown, III
petitioned the court to over turn the Federal District Court’s
ruling. With the Appellate Court remaining unusually silent, and
not setting any oral arguments, both the Counsel and the Director
were apprehensive about what the 7th Circuit intended. However,
to their ever rejoicing, the Appellate Court issued an Injunction
against the City late Thursday evening, prior to the Indy 500
weekend, ruling in part,
“Response
to Appellants' motion to expedite appeal. The appellees are ENJOINED
from excluding the appellants from stationary preaching and the
display of banners within the boundaries of the 500 Festival Parade…”
Under such, the SPF again traveled to Indianapolis bringing 30
preachers to “do as ever they had done”, in preaching
the gospel of Jesus Christ (see SPF returns to Indy). With the
Injunction in hand, the SPF preachers from Michigan, New York,
Ohio and Pennsylvania stood all along the parade route and preached
the word of God, displayed their scripture banners, and distributed
the gospel literature freely. With this victory, the Counsel of
Record filed an additional appeal and request for clarification
before the 7th Circuit to further correct the Federal District
Court’s opinion, prior to trial, which should take place
in 2005.
Not leaving well enough alone, the Lord did even more wondrously,
with the Federal District Court for The Middle District of Pennsylvania
ruling on Thursday, June 10th, that the “individual officers”
of the City of York violated the Constitutional rights of SPF
members at the 2002 York City Halloween parade. In that ruling,
the Honorable Judge Sylvia Rambo wrote the best Federal Ruling
thus far, in behalf of Open Air preaching. In regards to the Free
Exercise of Religion, the Court found in behalf of the SPF that,
“The
Free Exercise Clause of the First Amendment provides that “Congress
shall make no law…prohibiting the free exercise [of religion].”
U.S. Const. amend. I. As the Supreme Court noted, this clause
means that individuals have the right to profess and believe whatever
religious beliefs they desire. See Employment Div., Dep’t
of Oregon Human Res. V. Smith, 494 U.S. 872, 877 (1990) (“The
free exercise of religion means, first and foremost, the right
to believe and profess whatever religious doctrine one desires.”)
The “free exercise of religion” means more, however,
than the protection of belief and profession of that belief.