Lawsuit Claims Point Pleasant Beach Demonstration Permit Rules Violated Man's Speech, Religious Rights

Point Pleasant Beach is on the religious hotseat again -- this time over claims it violated the rights of a man who wanted to hand out religious literature on the boardwalk over the summer.

According to an article on NJ.com, Joseph Paolella of Ewing in July contacted the borough clerk to ask for permission to hold a sign at the side of the boardwalk, speak about God and hand out religious literature to those who expressed interest, according to his lawsuit.

Paolella, who said he is a devout Christian, was told he had to fill out forms including a hold harmless agreement, a religious activities application, a memorandum of understanding, and a proof of insurance document, according to the lawsuit. Those measures effectively violated his First Amendment rights, he claims.

“Defendant’s policies, practices and customs governing religious speech and expression on the Boardwalk impermissibly single out religious speech for disfavored treatment (and) are not narrowly tailored to serve any significant or compelling governmental interest in in regulating speech in a traditional public forum,” the lawsuit claims.

The suit was filed on Paolella’s behalf by the American Center for Law and Justice, a Virginia-based legal center founded in 1990 by evangelist Pat Robertson.

Edward White, one of the attorneys for the ACLJ on the case, told NJ.com that Paolella has not previously had to sue at any of the various places where he’s demonstrated with his message based on the Gospels.

Point Pleasant Beach Mayor Vincent Barrella told NJ.com that he couldn’t comment on the specifics of the lawsuit, but said the borough’s ordinances apply to all groups, not just religious organizations.

In September 2010, a Jewish resident sued the borough over the practice of saying the Lord’s Prayer at the beginning of Borough Council meetings. The suit was finally settled with the borough agreeing to replace the prayer with a moment of silence.