After several members of Grace Baptist Church of Wilson gathered at Fort Macon State Park to play group games, swim in the ocean, and picnic, they shared about Jesus Christ with some park visitors. Ranger Richard Crocker approached the group and explained that they were not allowed to communicate with others unless they first obtained a permit. Pastor Rivers was given a warning and told that if the group continued, the church members would be cited for a park rule violation.

The park rule states: "A person shall not hold any meeting, or exhibitions, perform any ceremony, or make any speech, unless he has a permit." There is a minimum $30 fee for any such permit. The rule does not define "meeting" or "speech" and requires an advance paid permit no matter how small the group, even if only one. There are also no written criteria or time limits for approving permit applications.

Liberty Counsel sent a demand letter to Parks and Recreation Director Lewis Ledford, informing him of the unconstitutional treatment, asking that the policy be changed, and asking for an apology for Ranger Crocker's actions. Director Ledford's response defended the permit requirement and the ranger's actions in enforcing it. Liberty Counsel then filed suit. Liberty Counsel worked with attorneys of the state attorney general's office to formulate a rule revision that addressed the plaintiffs' concerns about being restricted from sharing the Gospel without a permit. The day prior to the injunction hearing, the state signed a settlement agreement, stating that the park rules will not be applied to the plaintiffs, that the new rule agreed to by Liberty Counsel will go through the adoption process, and that the state will pay attorney's fees and costs.

Mathew D. Staver, Founder of Liberty Counsel and Dean of Liberty University School of Law, commented: "Permits for speech are prior restraints on speech, and in most cases such restraints are unconstitutional. It makes no sense to require a single individual to obtain a license prior to speaking to another person in a public park. Prior permits stifle spontaneous speech. Of all places, public parks are places where speech should flourish and where it has historically received the highest protection. This prior permit policy was indefensible. We are pleased with the resolution of this case."