October Newsletter

Before I knew God was calling me to be a lawyer, I wanted to be a police officer. I spent four years studying criminal justice and preparing for the police academy. Police officers are heroes in the truest sense of the word, and they selflessly protect our community. But they also must be held to a high standard and accept accountability for mistakes.

I believe the San Bernardino Police Department made a mistake on August 28, 2021 when five officers surrounded and immediately arrested a pastor who was standing on a public sidewalk preaching about Jesus Christ.

Pastor Arturo Fernandez regularly preaches on street corners and livestreams his preaching on Facebook. Now, it doesn’t matter what my views or your views are on street preaching, even fire-and-brimstone type preaching. The First Amendment guarantees Pastor Arturo the right to speak freely on a public sidewalk.

And that’s what he was doing on August 28 as people were walking into San Bernardino’s Orange Show Event. He was not breaking any laws. As the video shows, right as the police officers approached him, he was saying this: “I’m here to tell you about the truth. … I’m here to tell you that Jesus Christ…” –– The officers encircled him and handcuffed him before he could finish that sentence.

As he was being arrested, Pastor Arturo calmly explained to the officers he was not doing anything wrong. One of the five officers that surrounded him told him to “shut up,” as another officer put handcuffs on him, and yet another officer took off his backpack and took his phone away ending the video.

Two more officers then arrived on the scene, and they told him they were going to take him to jail. They searched him and his backpack while he was still handcuffed. Then they walked him about 30 feet away from the sidewalk where he was preaching, threw his backpack on the floor, uncuffed him, and told him they will arrest him again if he goes back to preach on the sidewalk near the Orange Show. They did not cite him, presumably because they realized there was nothing to cite him for.

The last thing I want to do is sue a police department. But I do want the San Bernardino Police Department to understand that it is wrong to arrest someone when clearly there is no probable cause, especially someone who is merely preaching about Jesus Christ on a sidewalk. And I want assurance it will not happen again, not to Pastor Arturo or anyone else.

To avoid a potential lawsuit, I sent a letter to the San Bernardino PD asking them to issue an apology to Pastor Arturo in exchange for a release of all liability and claims he has against the Department. If that does not work, we may have to file a lawsuit to vindicate his Constitutional rights.

We had a similar case back in 2011 where our client, Mark Mackey, was arrested while reading the Bible aloud outside a DMV office in Hemet, CA. That incident was on video too, and after six years of litigating the case, we won at the Ninth Circuit. Hopefully this incident can be resolved without a lawsuit.

Please pray for Pastor Arturo as he stands boldly for free speech and for the right to share the gospel freely. Please pray for wisdom and discernment as we traverse the difficult terrain of holding accountable men and women who have one of the most difficult jobs imaginable. They are still heroes, and we still respect them even though they made a mistake here.

Because of your faithful prayers and financial support Advocates is able to represent Pastor Arturo and the many other pastors and churches we are currently representing. Thank you for standing up for truth and partnering with Advocates to help churches fight against government overreach in order to share the hope of the gospel to a nation in desperate need of it. 

In His Service,

Nada Higuera, Esq.

"Let us hold fast the confession of our hope without wavering, for He who promised is faithful.”

Hebrews 10:23 NKJV