Niemotko V. Maryland - Facts of The Case

Facts of The Case

No town ordinance prohibited or regulated the use of a public park in Havre de Grace, though it had been the town's custom over the years to issue permits to civic groups that wanted to use it for various purposes. The Jehovah's Witnesses requested permission from the city's Park Commissioner to use it, but were told that another group had signed up for that particular Sunday. Undeterred, they requested other Sundays but were turned down after a hearing by the City Council. At the hearing, the Council members asked them questions about their views of Roman Catholics, their refusal to salute the American flag and other subjects not related to the use of a permit. After the hearing, their request was turned down. Nevertheless, the Witnesses went ahead and held their public meetings in the park, with Niemetko, their preacher, being arrested in 1949. He was arrested under a disorderly conduct statute, though there was no evidence, at the time of arrest, that disorder, threats of riot or other violence impended.