On February 2, 2011, one assistant pastor and two elders from Calvary Chapel of Hemet, California, went to the Hemet DMV before it opened and one of the men started to read the Bible aloud. Less than thirty minutes later, he was arrested for â€œimpeding an open businessâ€ under Penal Code Section 602.1(b). Shortly after the men arrived at the DMV and began to simply read the Bible out loud, a security guard approached Mark Mackey as he was reading the Bible and told him to stop. The men believed that they had a First Amendment right to free speech as they were standing in a planter within the parking lot and were located on public property. Further, they were not interfering with any business of the DMV and were not yelling or disturbing the peace.
About ten minutes later, a California Highway Patrolman approached Mr. Mackey as he read, took the Bible out of his hands, and arrested him. As the CHP officer was arresting him and putting him in his patrol car, the two men who were with him â€“ Assistant Pastor of Calvary Chapel Hemet, Brett Coronado, and Ed Flores â€“ asked the officer, â€œWhat law was he breaking?â€ Instead of identifying a legal violation, the officer asked, â€œWere you preaching too?â€ After continuing to ask the officer for the legal violation, Pastor Coronado and Ed Flores were also arrested by another CHP officer who had come to the DMV and were also cited for â€œimpeding an open business.â€ Neither Pastor Coronado nor Mr. Flores ever read the Bible out loud anywhere on DMV premises.
The charge of â€œimpeding an open businessâ€ was enacted in large part to protect businesses against protestors who block the doors of an open business. At the time of the arrest of these men, the DMV was closed, and they were standing at least fifty feet away from the entranceâ€¦.
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