November 4, 2010
The Rutherford Institute says it has filed a lawsuit against Winchester and law enforcement officials, alleging the city's noise ordinance is unconstitutional.
The Charlottesville civil liberties group says the federal court action stems from an incident during the 2010 Apple Blossom Festival when a Christian street preacher was prevented from spreading his message.
Rutherford lawyers say a passer-by complained that he felt "uncomfortable" with the street preacher's message.
The institute's president, John W. Whitehead, says the First Amendment is not conditional upon the message being preached.