Reading Bible aloud outside DMV wasn’t illegal, judge rules

Two Hemet men charged with unlawful protest for reading the Bible aloud outside a state government building were acquitted by a judge Tuesday.

Riverside County Superior Court Judge Timothy Freer ruled that there was insufficient evidence in the prosecution’s case against Brett Coronado, 44, and Mark Mackey, 60.

Prosecutors alleged that the men illegally demonstrated without a permit on the morning of Feb. 2, 2011, when their church evangelism team gathered outside the Hemet office of the California Department of Motor Vehicles to recite Bible verses.

As shown in videos posted online, a California Highway Patrol officer arrested Mackey on suspicion of preaching to a captive audience. According to court documents, a second CHP officer arrived and told Coronado that protesting was not allowed unless a group had the proper permit.

“I answer to a higher power, the U.S. Constitution,” Coronado replied, according to the trial brief.

Defense attorneys from the nonprofit law firm Advocates for Faith and Freedom said their clients’ actions didn’t match the legal definition of protest or demonstration, and further argued that the law was unconstitutional.

“This is not a case about whether someone would agree or disagree with their method of envangelism,” said defense attorney Robert Tyler. “This is really about their right to free speech and protecting that free speech.”

After prosecutors rested their case in the five-day trial, Tyler motioned for a directed verdict late Tuesday, arguing that the prosecution did not prove its case. Freer promptly accepted the motion. The decision was made by a judge because both sides waived the right to a jury trial.

Tyler said his clients, who faced penalties of up to 90 days in jail and a $400 fine, felt “vindicated.”

Coronado and Mackey plan to move forward with a federal lawsuit that claims the California Highway Patrol unlawfully arrested them.

Reached by email, Riverside County Dist. Atty. spokesman John Hall said that his office believed the judge’s decision was an incorrect analysis of the law and that prosecutors are investigating recourse for an appeal.

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Twitter: @MattHjourno

matt.hamilton@latimes.com