Banning bus gospel raises constitutional issues, says Witter

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With a view to settling what he says are large constitutional issues arising from the State’s ban of preaching on its buses, public defender Earl Witter says he is presently seeking opinions from leading counsel on the subject.

“Depending on the outturn I will then decide whether to seek certain declarations from the court,” he said.

Last week, managing director of the state-owned Jamaica Urban Transit Company Limited Rear Admiral Hardley Lewin was quoted as saying he had sent a memo to his drivers requesting that they tell preachers the practice would no longer be allowed.

But the move, said Witter, has pitted some fundamental human rights against each other.

“These competing rights of freedom of expression and the right to privacy even in a public space need the determination of the court so that we don’t have a tower of Babel on these buses much to the annoyance of these persons who couldn’t care less,” he said.

Head of the police traffic department Senior Superintendent of Police Radcliffe Lewis has warned that preaching on buses is an offence and that those in breach are liable for a charge of disorderly conduct.

Meanwhile, Witter added that the opinion he is seeking will address “all types of noises on buses, including the playing of music”.

He said, too, that interested individuals and organisations are free to make submissions to his office on the subject.

SOURCE:
http://www.jamaicaobserver.com/news/JUTC-preaching-ban-raises-constitutional-issues–says-Witter

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