Syracuse, NY -- A federal judge today threw out a Syracuse man's lawsuit claiming DeWitt police violated his rights to free speech three years ago when they arrested him for preaching from the sidewalk outside a church.
U.S. District Judge Glenn Suddaby granted the town of DeWitt's request to dismiss the lawsuit filed by Nicholas Auricchio over his arrest in September 2009 on charges of violating the town noise ordinance. He was preaching in the parking lot of Holy Cross Church, on the sidewalk and across the street from the church.
Auricchio, described in the lawsuit as a "professing Catholic Christian and a traveling evangelist," was standing on a sidewalk across East Genesee Street from Holy Cross Church at 4:45 p.m. when he started sharing his religious beliefs "in a raised voice," the lawsuit said. The area is often noisy with passing traffic, the lawsuit said. He did not use any kind of amplifier, the suit said.
Auricchio, 44, went to the church to pray at a shrine. He confronted a woman who'd been in the church about wearing clothing that was too tight, Suddaby's decision said. Auricchio told the woman that she should not go into the church dressed that way because she would be a "seduction to married men, boys and the priests," and that she could "bring a scandal on the church," the decision said.
He then started preaching in the parking lot in a loud voice about modesty, Auricchio testified. He was calling people "bad Catholics" as they were leaving church, according to a man who listened from across the street. Auricchio said he performed two exorcisms -- one on the woman with tight clothing and another on a man who confronted him about the preaching.
DeWitt police arrived and told Auricchio that church leaders had asked that he leave because he was creating a disturbance, the judge wrote. Auricchio drove away, but only went across the street and on the sidewalk and continued preaching loudly. In his speech, he said he had a right to preach from a public sidewalk.
The officers returned and charged Auricchio with violating the noise ordinance, which prohibits "any noise which causes public inconvenience, annoyance or alarm or disturbs the public's peace, comfort or tranquility," Suddaby's decision said.
Town officials argued that the ordinance did not violate the First Amendment because it was content-neutral, served a legitimate governmental interest, allowed alternative channels for expression, and didn't give police unbridled discretion in enforcing it.
Auricchio argued that the law was content-based because it provides exceptions for church bells and loud sporting or entertaining events, but not for preaching.
Suddaby sided with the town's argument. He found that there was no evidence the officers arrested Auricchio based on the content of his speech. The judge also threw out claims of false arrest and excessive use of force.
Auricchio's lawyer and brother, Michael Auricchio, declined to comment on the decision or say whether he plans to appeal.
John O'Brien can be reached at jobrien@syracuse.com or 470-2187.