Minnesota city faces federal lawsuit after citing Christian street preacher for holding pro-life sign
A small Minnesota city is now defending itself in federal court after police twice cited a Christian street preacher for criminal trespass, his offense was standing silently in a public parking lot with a pro-life sign and refusing to pay a $20 vendor fee.
Bryan Conwell, an open-air preacher and vocal opponent of abortion, showed up at a city parking lot in Benson, Minnesota, during a farmers market event on July 9. He held signs and waited quietly, speaking only to people who approached him. He sold nothing. He blocked no one. He threatened no one. City officials told him he had to pay a $20 commercial vendor fee or leave. When Conwell refused, police cited him for criminal trespass.
He came back on July 16. Police cited him again. Each citation carries a potential penalty of up to 90 days in jail and a $1,000 fine, for standing on public property and exercising his right to speak.
A $20 toll on the First Amendment
The Center for American Liberty, a legal organization that litigates civil-rights cases, filed a federal lawsuit on Conwell's behalf against the City of Benson. The suit alleges the city violated Conwell's freedom of speech, his right to the free exercise of religion, and the constitutional prohibition on viewpoint discrimination and unconstitutional fees on speech. The lawsuit's filing, available through the Center for American Liberty's case page, states that Conwell "blocks no one, threatens no one, and sells nothing. He asks only to be left alone to speak."
City officials and police justified their actions by claiming "exclusive use" of the public parking lot during the farmers market. But the lot is city property, not private land. And Conwell was not operating a commercial booth. He was holding a sign.
Mark Trammell, CEO of the Center for American Liberty, put the stakes plainly in a statement reported by Fox News Digital:
"The First Amendment doesn't come with a price tag."
Trammell went further:
"Government officials cannot force Americans to buy a license before they peacefully express their beliefs on public property. If they can silence Bryan today, they can silence anyone tomorrow."
The argument is straightforward. A commercial vendor fee exists to regulate people selling goods. Conwell was not selling goods. He was expressing a religious and political viewpoint, something the First Amendment protects without qualification, and certainly without a $20 entry charge.
Even the officer writing the ticket knew something was wrong
Video referenced in the lawsuit, provided to Fox News Digital by the Center for American Liberty, captured an exchange between Conwell and the officer who wrote one of his citations. The officer's own words reveal how thin the city's legal footing was. One officer told Conwell on camera:
"To be honest, man, I want clarification too. There are crimes of trespassing and crimes of disorderly conduct, but also you have your First Amendment right, so we've got to try to figure that out.... I know what you're doing, I get it. I'm glad someone is out here doing it."
That is a police officer acknowledging, on the record, that the man he was citing had a constitutional right to be there, and that the officer himself did not understand the legal basis for what the city was asking him to enforce. He wrote the citation anyway.
A separate officer, also captured on video, delivered a blunter warning: "The more you come back, the more citations you're going to get." The message was clear. The city intended to use the weight of criminal charges to drive a man off public property for expressing views the local government apparently did not want aired during its market.
Conwell, for his part, stood his ground. In video provided to Fox News Digital, he told police directly: "Well, legally I can be here, and that's the whole thing. And so, I can't be cited. So, unless there's a crime being committed, why am I being cited?"
No one answered that question. Because there was no good answer.
Benson's case fits a growing pattern of pressure on Christian expression
The Conwell case does not exist in isolation. Fox News Digital noted a related case involving Christian evangelist Richard Hershey, who was threatened with arrest in 2020 for handing out pamphlets on a public sidewalk in Louisiana. Congressional Republicans earlier this month urged the U.S. Supreme Court to take up Hershey's case.
The pattern extends beyond U.S. borders. A Bristol pastor recently refused to back down after police investigated him for street preaching, and the investigation was ultimately dropped, but not before the damage of intimidation was done.
Across the Atlantic, the trend is even more aggressive. A British pastor arrested for street preaching in Watford now faces hate-speech charges and a court date, charged not for violence or disruption, but for the content of his words in a public space.
In Northern Ireland, a pastor was convicted for preaching near an abortion clinic buffer zone, and he has since appealed that conviction. And in the United States, a federal judge had to order a Washington school district to stop restricting a Christian Bible program, a reminder that government overreach against religious expression is not limited to foreign jurisdictions or fringe cases.
What connects all of these incidents is a common mechanism: local officials use procedural tools, trespass citations, permit requirements, vendor fees, buffer zones, to suppress speech they find inconvenient. The speech is religious. It is often pro-life. And the enforcement is selective.
Benson still has not explained itself
Fox News Digital reached out to the City of Benson for comment. The city did not immediately respond. That silence is notable. Two criminal citations were issued against a man for holding a sign on public property. A federal lawsuit now alleges four distinct constitutional violations. And the city has offered no public explanation of what ordinance, statute, or municipal code it relied on to demand a $20 fee from a man engaged in non-commercial speech.
The lawsuit does not specify what relief Conwell is seeking, whether injunctive, declaratory, or monetary, and the specific federal court where the case was filed has not been publicly identified. But the core legal question is not complicated. Can a city government charge a citizen $20 for the privilege of expressing a viewpoint on public property? Can it arrest him for refusing to pay?
Decades of First Amendment case law say no. Public sidewalks, parks, and government-owned lots are traditional public forums. The government may impose reasonable time, place, and manner restrictions, but those restrictions must be content-neutral and narrowly tailored. Treating a man holding a sign the same as a vendor selling produce is neither content-neutral nor narrowly tailored. It is a pretext.
Reports have also surfaced of federal agencies using legal mechanisms to target pro-life Christians, suggesting that the pressure on religious expression is not confined to small-town parking lots. When local police, city councils, and federal agencies all find reasons to treat peaceful Christian speech as a problem to be managed, the pattern speaks louder than any single case.
A preacher, a parking lot, and a constitutional line
Bryan Conwell did not disrupt a farmers market. He did not block a booth. He did not harass shoppers. He stood in a public place, held a sign reflecting his religious convictions, and spoke only to those who chose to engage him. For that, the City of Benson handed him two criminal citations and threatened him with jail.
The officer who wrote one of those citations admitted he did not fully understand the legal basis for what he was doing. He told Conwell he was glad someone was out there doing what Conwell was doing. Then he wrote the ticket.
That disconnect, between what the officer believed was right and what the city ordered him to enforce, is the whole case in miniature. When a government has to conscript reluctant police officers to silence a man holding a sign, the problem is not the man with the sign.
The First Amendment was written for exactly this moment. It does not protect speech that everyone likes. It protects speech that someone in power wants to stop. Benson's city officials picked the wrong preacher and the wrong parking lot to test that principle.






