One California pastor says his recent arrest has proven that - at least in his town - you can read the Bible, and you can be in public ... but you can't do them simultaneously.

Controversy is stirring after he was arrested for reading his bible in public in front of a local DMV. Video captured police confronting the preacher, telling him he needed to "go someplace else."

The man's lawyer called it another example of Christian persecution in modern America, saying his client was cited for

impeding an open business -- even though the office was closed.

"It's crazy," said attorney Bob Tyler.
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The pastor said he thought his speech was protected because it was on public property, it was over 50-feet from the entrance, and he wasn't blocking anyone. But a constitutional attorney begs to differ, saying that he created an intimidating situation for people who simply wanted to get their licenses renewed.

"Preaching in public is okay, but not when your audience has no [choice] but to listen," he said.

Tyler defended his client against the doctrine, however. "If the doctrine of the captive audience is going to apply broad-brush, no one is going to be able to go to a public park where people are having picnics and playing football and read from the Bible."

Tyler also pointed out that in the end the pastor was arrested for trespassing, which he says has nothing to do with the "captive audience" clause.

What do you think? Should the pastor have had the right to preach on the property?