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ADF seeks to appeal conviction of NY Christian arrested while praying

N.Y. court exonerated three other Christians wrongly convicted of ‘disorderly conduct’ at 2007 ‘gay pride’ event
Monday, March 01, 2010

ALBANY, N.Y.  — Alliance Defense Fund attorneys have submitted an application to appeal the state’s conviction of a Christian arrested while praying in an Elmira public park during a 2007 ‘gay pride’ event.  The status of the appeal is now in the hands of state’s highest court, the New York Court of Appeals.  Earlier this month, a New York county court dismissed the convictions of three other Christians arrested and charged after praying at the same event.

“Christians shouldn’t be punished for expressing their religious beliefs.  It’s ridiculous to consider the act of peacefully exercising one’s faith in a public park to be ‘disorderly conduct,’” said ADF Senior Legal Counsel Joel Oster.  “The county court was correct in dismissing three of the convictions. They never should have happened. We are hopeful that the New York Court of Appeals will dismiss the fourth.”

On June 23, 2007, seven Christians, including Julian and Gloria Raven, entered Wisner Park in Elmira with their heads bowed to pray for the participants of the “gay pride” event.  Materials advertising the event stated that it was open to the public and that all were invited.

The group made their way to an area in front of the stage and began to pray silently while lying prostrate in the grass.  A police sergeant had earlier informed Julian Raven that he could not enter the public park, walk through the park, or talk to anyone in the park about his religion. After the group began to pray silently on their faces, all were arrested and charged with disorderly conduct.

In 2008, the Elmira City Court found all four defendants guilty of disorderly conduct. Additionally, each was charged a $100 fine and ordered to pay court costs.

Attorney Laurence Behr of Buffalo is serving as local counsel in the case, People of the State of New York v. Raven.

ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.
 
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LEGAL DOCS


Denial of leave to file appeal: People of the State of New York v. Raven

Appeal application: People of the State of New York v. Raven

Appeal status: People of the State of New York v. Raven

Dismissal: People of the State of New York v. Raven

RELATED NEWS


RELATED RESOURCES


Fact Sheet: People of the State of New York v. Raven

Photo: Christians being arrested while praying

ABOUT Joel Oster

Joel L. Oster serves as senior legal counsel with the Alliance Defense Fund at its Kansas City Regional Service Center in Kansas, where he plays a significant role in litigation efforts defending church autonomy. Before joining ADF in 2004, he earned his J.D. from the University of Kansas School of Law. Oster is admitted to the bar in Kansas, Missouri, Florida, and numerous federal courts, and has practiced law since 1997.