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Plaintiffs Allege City Officials Violated Constitutional Rights Over Amplification Use

COOK COUNTY RECORD

Saturday, March 29, 2025

Plaintiffs Allege City Officials Violated Constitutional Rights Over Amplification Use

Federal Court
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U.S. District Court for the Northern District of Illinois | Official website

In a striking legal battle that underscores the tension between free speech and municipal regulations, three street preachers have filed a lawsuit against the City of Chicago and several police officers. The complaint, filed by Brett Raio, Perez Ndi, and Reetik Dhamala in the United States District Court for the Northern District of Illinois on March 14, 2025, accuses the City of Chicago and its police officers of violating their constitutional rights by arresting them for using amplification while preaching without a permit.

The plaintiffs allege that the city has adopted an unofficial policy targeting street preachers who use amplification to share their religious messages. According to the complaint, Chicago ordinances only require permits for excessively loud amplification beyond conversational levels at a distance of one hundred feet. However, they claim that police officers have been arresting individuals like them simply for using any form of amplification without a permit. This practice is said to contradict existing laws and infringe upon their First Amendment rights.

Brett Raio, a Gospel singer from Maine known for his public evangelism efforts across the country, was arrested on December 21, 2024. Alongside him were fellow plaintiffs Perez Ndi and Reetik Dhamala, both street preachers based in Illinois with roots in Cameroon and Nepal respectively. They were conducting their religious activities at East Madison Street and North Michigan Street near Millennium Park when approached by police officers demanding permits for their amplified sound. Despite Raio's attempts to explain his constitutional rights using case law references such as Saia v. New York, he was handcuffed and issued a Notice of Administrative Ordinance Violation.

The charges against Raio were later dismissed after video evidence presented in court demonstrated compliance with noise levels stipulated by local ordinances. Yet this dismissal did not deter further arrests; just days later on February 24, 2025, Ndi and Dhamala faced similar confrontations with law enforcement at the same location. Their subsequent arrests resulted in criminal charges rather than administrative citations, highlighting what they describe as escalating punitive measures against religious expression.

The plaintiffs argue that these actions constitute viewpoint discrimination—an egregious violation of First Amendment protections—and accuse the city of fostering an environment where religious speech is unjustly targeted. They seek declaratory judgments affirming their right to use amplification without permits under current laws along with permanent injunctions preventing future arrests under similar circumstances.

Additionally seeking compensatory damages for violations of multiple constitutional amendments alongside Illinois' Religious Freedom Restoration Act (RFRA), they emphasize ongoing emotional distress caused by these incidents coupled with demands for return or compensation regarding confiscated personal property during arrests.

Represented by attorneys Charles E. Hervas from Hervas Condon & Bersani P.C., Geoffrey R. Surtees from American Center for Law & Justice among others involved pro hac vice applications forthcoming; this case presents significant implications concerning civil liberties within urban settings where balancing public order against individual freedoms remains contentious terrain. The case ID is: 125cv2709.

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