Video of the interaction captured one female officer making remarks that immediately drew widespread criticism.
“If someone is offended by your talking, then we have a problem,” the officer told the group.
She later added, “If they are offended by your speech, OK, I will write you a ticket.”
When the preachers questioned the legal basis for such enforcement, the officer reportedly responded that any citation would fall under disorderly conduct. Grisham and Penkoski repeatedly argued that speech does not lose First Amendment protection simply because another person dislikes or is offended by the message being expressed.
Sarah Fields summarized the encounter in a lengthy post on X, alleging multiple violations of the evangelists’ constitutional rights throughout the interaction.
“Street preachers Richard Penkoski and David Grisham were subjected to multiple violations of their First Amendment rights while attempting to preach on public property.
Upon arrival, they were immediately met by Fort Worth police officers who blocked their access to the public street and sidewalk, threatening both men with arrest for trespassing if they entered the area. When Grisham reminded officers that he had previously sued the City of Fort Worth in 2014 over this exact issue – a lawsuit that resulted in a settlement and an official apology from the city – the officer dismissed the prior case, stating, “I don’t care, you can file whatever lawsuit you want.”
After being forced outside the barricades, the confrontation escalated as multiple officers allegedly threatened to cite the men based on the subjective reactions of attendees. A female officer stated they would be cited if they said anything “offensive.” When Penkoski responded that offensive speech is protected under the Constitution and is not a crime, the officer claimed it fell under disorderly conduct, stating, “Well, yes, that is the conduct.”
Another officer further confirmed that citations would be based solely on whether others were offended. When Penkoski asked whether calling a biological male a “male” would result in a citation if someone took offense, the officer responded that if he continued doing so and someone found it offensive, he would be cited. Penkoski also pointed out that he was deeply offended by half-naked men walking around children at the event, but the officer dismissed the complaint, responding, “There’s really not much I can do about that.”
During the encounter, Penkoski pulled up and directly showed an officer established U.S. Supreme Court precedent confirming that the government cannot prohibit citizens from accessing traditional public forums such as streets and sidewalks simply because a private group holds a permit. Although the officer acknowledged the information by responding, “Huh,” he continued enforcing the restriction. (This video will be in the thread)
As officers repeatedly pushed the preachers farther away from the event, David Grisham was ultimately issued a citation for “unreasonable noise.” When asked to explain what constituted unreasonable noise under the circumstances, officers were unable to provide a clear definition, vaguely suggesting it could involve “sticking a megaphone in someone’s ear” – which Penkoski states did not occur, as the megaphone was held at waist level – or simply offending people.
When the officers were asked how they justified suppressing the constitutional rights of Christians and veterans who fought for the country, they offered no meaningful objective explanation. As a veteran who was willing to die defending American liberties, Penkoski said he found it deeply alarming that a Christian preacher in modern America could be threatened with arrest and cited while standing on public property simply because his message offended those listening.”
WATCH:
The incident gained even more attention after the Fort Worth Police Department acknowledged that the statements made by the officer shown in the video were “not accurate.” The department announced that officers would receive additional First Amendment training and reaffirmed that public sidewalks remain available for constitutionally protected speech.
According to The Christian Post, a Fort Worth Police Department spokesman issued the following statement:
“The Fort Worth Police Department is committed to protecting the constitutional rights of all individuals, including the right to free speech and peaceful assembly, while also ensuring public safety and enforcing applicable laws and ordinances.
“We are aware of a video and allegations circulating [on] social media. We will need some time to look into this and will provide additional information once our review is complete.”
The report also noted that although the department did not publicly identify the female officer involved, she appeared to resemble an officer seen in video from a previous Trinity Pride Fest, where members of Unprofitable Servants Ministries claimed they were prevented from entering the public event. In that earlier footage, an officer allegedly told the group, “they don’t want you here.”
Speaking with The Christian Post after the incident, Penkoski said he was stunned by the officers’ position regarding constitutionally protected speech.
“The female officer told us flat out that we would get a citation if we said anything offensive, so I wanted to clarify with another officer if that really was their position,” he said. “I was completely surprised when he said that there’s a possibility that I could be cited for calling [someone] a biological male …”
Penkoski concluded by expressing concern about what he believes the encounter says about the current state of free speech in America.
“As a veteran who was willing to die for his country, I never in a million years thought that this is the America we’d be living in right now,” he added.
The incident continues to draw attention as civil liberties advocates, religious organizations, and constitutional scholars debate the limits of government authority in public forums and whether law enforcement can lawfully restrict speech based solely on the subjective reactions of those who hear it.
