Citing Free Speech, Chicago Couple Can Buy a Brick for Jesus

April 29, 2004

Source: The Becket Fund for Religious Liberty

http://www.becketfund.org/press/2004/042904.html

On April 29, 2004 The Becket Fund for Religious Liberty reported, "Robert and Mildred Tong today won a decisive victory in their battle to 'buy a brick' in a Chicago park near their home that says 'Jesus is the Cornerstone.' U.S. District Judge Ruben Castillo issued a broad and emphatically worded opinion and order in Robert Tong and Mildred Tong v. Chicago Park District in which he held that the Tongs were victims of 'unlawful viewpoint discrimination in violation of the Tong's First Amendment rights.' The case began in 2002, when the Tongs responded to a flyer inviting area residents to 'buy a brick' to help raise money for a new playground at Senn Park. Donors were to be permitted to specify a message of up to three lines to be inscribed on the bricks. The Tongs donated $50, and submitted as their message, 'Missy, EB and Baby: Jesus is the Cornerstone. Love, Mom and Dad.' But in March 2003, they received a letter from Chicago Park District (CPD) Attorney Nelson Brown, informing them that their message was being rejected because of its religious nature. The Tongs objected, but the CPD refused to change its position, and on July 22, 2003, The Becket Fund filed a federal lawsuit on the Tong's behalf against the Chicago Park Authority. Judge Castillo found that 'the CPD's refusal to accept the Tong's brick based on its religious expression violated the Free Speech Clause,' and that excluding their message 'amounted to viewpoint discrimination.'"