A Brookhaven preacher will continue to need a permit to conductsidewalk services, but city leaders left open the possibility ofrelaxing the requirement.

The Rev. Kendall Boutwell appeared at Tuesday’s board meeting tochallenge the permit requirement as a violation of First Amendmentrights. Although he has secured the monthly permits, Boutwellobjected to needing them during the eight to 10 months he andothers have been preaching and distributing religious literature onsidewalks around the city.

“I really didn’t think that was correct,” said Boutwell, whowent on to cite legal rulings regarding protection of religiousspeech.

A 1988 city ordinance requires for a parade in the city, with aparade being defined as “any parade, march, ceremony, show,exhibition, pageant of any kind” on any street or other publicplace in the city. The ordinance requires dates, times andlocations on the permit, which must be approved by the mayor andchief of police.

“It’s been a lot of hardship on us every month,” said Boutwell,adding that Brookhaven is the only city where he preaches thatrequires a permit.

At some times, Boutwell has used a public address system tobroadcast his message. The preacher said some problems related tousing the amplifier had been worked out, and he agreed to get apermit for that.

“We’ve got no problem getting one when using the amplifier,”Boutwell said.

Aldermen and City Attorney Joe Fernald defended the ordinance asneutral and not targeted at any specific group.

“We’re trying to work with everybody,” said Ward Two AldermanTerry Bates.

Fernald said the city has a right to regulate time, manner andplace for parades and demonstrations. He said the ordinance has tobe generally applied, but police have a right to know what ishappening on city streets.

“It’s just a permit,” Fernald said. “It doesn’t have anything todo with what you’re saying.”

Boutwell cited what he called an “anti-God” movement in thenation.

“Some city has got to stand up for God. Why can’t it beBrookhaven,” Boutwell said.

Officials rejected any assertions that the permit was trying tosquelch preaching.

“Nobody is trying to keep anybody from talking about God or ourLord,” Mayor Bob Massengill said.

Fernald presented Boutwell with copies of case law supportingthe city’s position. Boutwell indicated he would get his attorneyto look over the documents.

In the meantime, Massengill asked Boutwell to continue to get apermit. The mayor suggested the possibility the permit could be fortwo months at a time or quarterly.