A local resident is challenging the practice of revoking permits for amplified speech based solely on listener complaints, arguing that this policy silences protected expression and infringes on constitutional rights. The complaint was filed by Jason Cantrell in the United States District Court for the Northern District of Georgia on March 26, 2026, naming Kandice Gardner, Andre Pitts, Jamal Hunter, and the City of Forest Park as defendants.
According to the verified complaint, Jason Cantrell is a Christian minister who regularly engages in outdoor religious speech near an abortion clinic in Forest Park, Georgia. To comply with city regulations, Cantrell obtained a Sound Amplifying Device Permit before conducting his activities. However, each permit issued to him included a restriction stating: “If complaints are received about noise level, this Permit will become null and Void.” Cantrell alleges that this so-called “Complaint Restriction” allows any dissatisfied listener to trigger cancellation of his permit without reference to objective standards such as decibel levels or specific criteria.
The complaint outlines a series of events beginning with Cantrell’s receipt of a valid amplification permit covering July 1 through September 30, 2025. On July 31, 2025, while preaching outside A Preferred Women’s Health Center at 519 Forest Parkway in Forest Park, Officer Jamal Hunter approached Cantrell after receiving unspecified complaints about noise. Despite presenting his valid permit and later lowering his volume at officers’ request, Cantrell was cited for a noise violation under an ordinance that had already been repealed. Lt. Andre Pitts directed Officer Hunter to issue the citation after confirming that complaints had been received.
Cantrell’s legal counsel subsequently filed motions arguing both that the prosecution violated his constitutional rights and that he was charged under an invalid ordinance. On March 4, 2026—over seven months after the initial citation—the City dismissed the charge but did not compensate Cantrell or expunge records related to the incident. During this period and afterward, Cantrell reports ongoing threats from police officers that future permits would be revoked if any complaints were received about his speech.
The lawsuit asserts multiple causes of action under federal and state law. It claims violations of free speech protections guaranteed by the First and Fourteenth Amendments to the United States Constitution as well as Article I of the Georgia Constitution. According to the filing: “The government may not silence a speaker merely because listeners object to or are offended by his speech.” The complaint further alleges violations of Cantrell’s right to freely exercise religion under both federal law and Georgia’s Religious Freedom Restoration Act.
Cantrell argues that conditioning permits on listener satisfaction constitutes an impermissible “heckler’s veto,” granting unfettered discretion to city officials or any objecting bystander without objective measurement or procedural safeguards. He contends that these actions have caused him distress, reputational harm, emotional suffering, loss of time and resources due to prolonged litigation, and have chilled his willingness to fully exercise his free speech rights during public ministry.
The plaintiff seeks several forms of relief from the court: (a) a declaratory judgment stating that conditioning amplified speech permits on absence of complaints violates constitutional protections; (b) damages for harm suffered; (c) preliminary and permanent injunctions preventing enforcement of such restrictions; (d) costs and attorneys’ fees; and (e) any other relief deemed appropriate by the court.
Attorneys representing Jason Cantrell include Andrew J. Ekonomou (Georgia Bar No. 242750), Liam R. Harrell (D.C. Bar No. 1740309), and Nathan J. Moelker (Virginia Bar No. 98313), all affiliated with the American Center for Law & Justice. The case is identified as Civil Action No. 1:26-cv-01638-ELR.
Source: 126cv01638_Jason_Cantrell_v_Kandice_Gardner_Complaint_Northern_District_of_Georgia.pdf
