Rockmart evangelist Stephen Jarrard believes in the salvation of those behind bars. For years he’s been offering full-immersion baptism in the horse trough he uses for the purpose via volunteer ministry programs at the Polk County Jail and other North Georgia detention centers.
After Polk County Sheriff Johnny Moats barred him from his jail’s program, the holy man sued.
“My client’s primary mission in life was taken away from him, at least as to the Polk County Jail,” said Gerry Weber, an attorney for Jarrard, who is a Church of Christ member. “He was not allowed to do what he believes is his calling.”
In his 2020 lawsuit against Moats and chief jailer Al Sharp, Jarrard alleges violations of his constitutionally protected free speech rights. He’s just notched a legal win, convincing the Atlanta-based federal appeals court to allow his claims to proceed toward trial after they were tossed by a federal judge.
The U.S. Court of Appeals for the 11th Circuit said in a Sept. 16 ruling there is ample evidence indicating that Moats and Sharp disagree with Jarrard’s views on baptism. The court said it is reasonable to infer that Moats and Sharp denied Jarrard’s applications to participate in the program based on that disagreement.
“They won’t tolerate discussion of things that will result in damnation,” the court said of Moats and Sharp. “That, it seems to us, is viewpoint discrimination, pure and simple.”
The sheriff and the attorneys representing him and Sharp in the case did not immediately respond to questions.
Moats publicly defended his Christian values in 2021 when religious posts on his office’s Facebook page were criticized. He has said in case filings that the fact he has a “different theological perspective from Jarrard” is “certainly not a basis for a federal lawsuit.”
“I will always stand up for what I believe in! God, Family, and Country,” his personal Facebook page reads.
Jarrard, a retired firefighter, uses an 8-foot long horse trough filled with water to perform the rite. A founding member of the Van Wert Church of Christ New Testament Fellowship, he’s also been involved in jail ministry programs in Cobb, Paulding and Floyd counties, case records show.
In applying for the Polk County Jail program, Jarrard said he had studied scripture for more than 40 years, was a certified counselor with New Life Behavior Ministry and a certified Bible teacher with American Rehabilitation Ministry.
In his lawsuit, he said he first volunteered in the Polk County Jail ministry program in 2012, but was kicked out when he refused to stop teaching about baptism. He said he lobbied the jail for more than a year and was allowed back in the program, but his involvement was short-lived.
Jarrard alleged that he was told by Polk County Jail officials in 2017 that he could no longer enter the facility “as too many inmates had requested baptism.” He said about 20 men and six women were actively seeking baptism at the time.
“Sharp began actively telling inmates that, as baptism was not required for their salvation, the facility would not provide that service,” his complaint states.
In a 2019 letter to Jarrard’s then-attorney, Moats said baptism is not a requirement of salvation and can wait until after an inmate’s release from jail. The sheriff said Jarrard was barred from the ministry program due to his disruptive behavior toward other members who did not share his “radical” religious views.
Jarrard had challenged the denominational beliefs of other jail ministry members in the presence of inmates, causing doubt and confusion among those he was attempting to convert, the sheriff said.
“He was verbally abusive and argumentative,” Moats wrote. “Anybody that believes in a doctrine contrary to his is, in his opinion, wrong.”
In his deposition, Jarrard denied being abusive or argumentative.
Weber said there can’t be discrimination among religions in a jail or prison, absent some compelling security concern. He said there is no such concern related to Jarrard’s participation in the program.
“Our client was targeted because of his particular view that baptism was necessary for salvation within the umbrella of Christianity,” Weber said. “And the sheriff had a different view on that subject, and therefore retaliated against him, and then took away his volunteer position.”
In case filings, Moats and Sharp said Jarrard’s request to rejoin the Polk County Jail program was denied in part because of his “history of conflict,” claiming he’d been booted from other jail ministry programs due to his beliefs about baptism and disruptive actions.
The 11th Circuit found that policies implemented by Moats and Sharp in regard to the jail ministry program are too vague and violate the U.S. Constitution’s First Amendment. Jarrard’s attempts to rejoin the program were denied without explanation under those policies.
“Once he was removed, each time they created a new policy, we applied again,” Weber said. “And each time we applied again, he was rejected.”
The court also held that Moats and Sharp do not have immunity against Jarrard’s claims.
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