'Smile God Loves You': Man gives city of Olathe a lesson in free speech

All Dustin Strouse wanted to do was hold up his signs in peace.

Instead, he ended up teaching the city of Olathe a lesson on the First Amendment.

A couple weeks ago, Strouse was standing on a public sidewalk near the corner of 119^th Street and Black Bob Road, holding up his signs, like he usually does for six to 10 hours a day.

One sign states, “Smile God Loves You” and the other one says, “Junk it all but Jesus.”

Sometimes drivers honk in appreciation, other times they smile and wave. Once in a while, he’ll get a dirty look or a middle finger from a scowling motorist.

One Thursday, however, a city employee approached Strouse with a warning. He told Strouse that holding signs, or acting as a human billboard, was illegal in Olathe and if he didn’t stop, he could be ticketed or even arrested.

Confused, Strouse talked to his friends who suggested he contact the ACLU Foundation of Kansas, an organization dedicated to protecting civil liberties.

“This is a classic example of freedom of speech on a religious subject that is protected by the First Amendment,” Doug Bonney, chief counsel and legal director for the ACLU Foundation of Kansas, told The Star. “People have the right to carry signs in public places. It doesn’t violate city codes.”

After Bonney sent a letter to Olathe’s city attorney, the response from the city was swift. The city agreed with Bonney and told the employee to apologize. City officials trained staff so the mistake would not happen again.

Olathe spokeswoman Erin Vader told The Star the city employee who warned Strouse had misinterpreted a business-related ordinance referring to “human billboards,” meaning people who hold or wear signs for advertising purposes.

Last Friday, the city employee apologized in person to Strouse, as he was holding up his signs near 119^th Street and Strang Line Road, and acknowledged Strouse does have the right to display his signs in the right-of-way.

To make sure similar incidents don’t happen in the future, city staff also received training on the ordinance.

“We at the ACLU of Kansas are very pleased that the city responded so quickly and responsibly to this problem,” Bonney told The Star. “It is critical that the people charged with enforcing our laws be well trained about the constitutional rights of the people.”

Strouse is excited to continue holding up his signs around the city and was grateful for the apology.

He has no hard feelings towards the city.

“The employee was very nice about the whole thing and I’ve apologized for making it a big issue, because that really wasn’t my intent,” Strouse said. “I just didn’t want to be arrested.”

The California native has been holding up his two signs around the Kansas City area for several weeks now.

In addition to Olathe, he also likes to hold up his signs near Oak Park Mall in Overland Park and near the Church of the Resurrection in Leawood, although he is not affiliated with that church.

He says he loves holding up the signs because he wants to bring a little bit of positivity to people’s day.

“I’m not a nutcase and when people realize I’m OK mentally, they’re open with me,” Strouse said, with a laugh. “I’ve had people pull over to talk with me, tell me their stories. Sometimes little kids will wave from cars. Being here, holding up these signs, is an opportunity to pray with people I don’t know and it has brought a lot of joy to my life.”

When he’s not holding up his signs, Strouse does odd jobs to save up money.

“Holding up the signs is my full-time job,” he said. “But I do need to make money to be self-sufficient. As long as I’m able to hold my signs and survive, I’m happy.”

This story was originally published November 3, 2015 at 3:55 PM with the headline "'Smile God Loves You': Man gives city of Olathe a lesson in free speech."