Seven years ago, Christian evangelist James Gilles came onto Miami University's campus and his memory has been lingering ever since.
On October 14, 2002, Gilles was preaching a Christian message outside of King Library without a permit.
Miami police approached Gilles and told him he could not continue speaking, according to Robin Parker, general counsel for Miami.
The 2008-09 Miami University Policy and Information Manual, Sect. 16.4.C states, "Visitors are free to walk through our campuses; however, authorization is required from the University or from a recognized student organization to make speeches or presentations."
Gilles was not invited or sponsored to be on campus.
Parker said visitors can only give speeches on perimeter sidewalks - those adjacent to Spring, High, Chestnut and Sycamore Streets, Patterson and Campus Avenues, and Tallawanda and Oxford-Trenton Roads.
Gilles is known for frequent visits to universities and is commonly referred to as Brother Jim.
Parker said Gilles waited until the last day he could to legally sue Miami, which was in 2004.
"Gilles seeks monetary settlements from schools in lieu of litigation," Parker said.
His case was dismissed by the U.S. District Court because he had no legal claim. Gilles appealed the case and it went on to the U.S. 6th Circuit Court of Appeals.
"What's unique is the Court of Appeals said the university was correct and Gilles had no right to go wherever he wanted, whenever he wanted, but it was still sent back to trial court to make sure the policy on speeches was uniformly enforced and Gilles wasn't discriminated against," Parker said.
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Gilles then used what's called a discovery, which is a pre-trial phase in a court case where each party can gather information, facts and evidence about the case in preparation for trial.
Parker said it was discovered Miami has always followed its policy.
Gilles then agreed to dismiss the case on two conditions - Miami not collect any attorney fees from him and he receives a letter from Parker clarifying the policy.
Miami agreed to these stipulations.
"I'm pleased that the court upheld our long-standing policy," Miami President David Hodge said.
A press release released Monday by Gilles' attorneys at Alliance Defense Fund (ADF) stated, "The University did the right thing when it revised its speech policy to respect the rights citizens have under the First Amendment."
Parker said that statement is incorrect and Miami sent out its own release stating the overall policy has not changed at all. The rules haven't changed, Parker said, the only thing different is it's now easier to discern the policy.
"There are dueling press releases out there, but ADF's isn't accurate," Parker said.
Jonathan Scruggs, litigation counsel for ADF, said his office and Gilles are happy with the outcome of the case.
"We believe it's fair because Miami clarified the language in their policy," Scruggs said. "Gilles got what he wanted. Religious speech isn't second class speech."
Miami is also pleased with the outcome.
"We're very happy that it was resolved on our terms and that the court found our rules to be appropriate," Parker said.
Gilles was unable to be reached for comment.
Miami is not the only university Gilles has accused of violating his right to free speech. He lost a lawsuit against Murray State University in September 2006 and the U.S. Supreme Court declined to hear a case involving Vincennes University in October 2007.
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