Foundation for Moral Law to Defend Arrested Pro-Life Activists
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The Foundation for Moral Law, a national pro-life, religious-liberties organization, announced today that its attorneys will defend two Montgomery, Alabama, pro-life activists arrested in front of an abortion clinic for trying to avoid a sprinkler that is used to spray pro-life speakers on the public sidewalk.
On June 22, 2011, Jeshua Screws, Chaplain of the Alabama Constitution Party, and David Day were trying to communicate their pro-life message and share the Christian gospel on the public sidewalk in front of the abortion clinic called Reproductive Health Services in Montgomery. As they often did before, the abortion clinic staff turned its single, oscillating sprinkler on and off several times, spraying a jet of water 20 feet across the entire length of the public sidewalk and onto the road, in an attempt to force the pro-life protesters off the sidewalk in front of the clinic.
To avoid the jet of water, pedestrians and joggers frequently walk behind the sprinkler head and onto the clinic property, like the woman in the picture above.
When Mr. Screws and Mr. Day, trying to exercise freedom of speech and religion on public property, avoided the sprinkler by stepping behind the sprinkler head in the same manner, the abortion clinic owner had them arrested for trespass in the third degree. Screws and Day have pled not guilty and are scheduled to appear for trial in Montgomery Municipal Court on September 21, 2011.
Roy Moore, former Chief Justice of the Alabama Supreme Court and President of the Foundation for Moral Law, stated:
“The law is being abused to silence these men protesting the deprivation of the right to life, which is one of our unalienable rights given by God and recognized in the Declaration of Independence by our Founding Fathers.”
Ben DuPré, the Foundation attorney representing Screws and Day, said the abortion clinic cannot force pro-life advocates off the public sidewalk and then claim the pro-lifers are violating the law. “A public sidewalk is just that, it’s public. Montgomery’s abortion clinic does not have a right to spray people off the sidewalk because they don’t like their message of saving life and finding hope in Jesus Christ.”
DuPré noted that the sprinkler is not there to water the grass. “The abortion clinic staff routinely turn the sprinkler on and off in an attempt to hit pro-life advocates standing on the public sidewalk. They even pull this stunt in the middle of winter causing ice to form on the sidewalk and street–a clear safety and traffic hazard for drivers and pedestrians. This is not about keeping their lawn green, it’s about intimidating, harassing, and silencing those protesting the killing of innocent children.”
The Foundation for Moral Law (http://www NULL.morallaw NULL.org/), a national non-profit legal organization, is located in Montgomery, Alabama, and is dedicated to restoring the knowledge of God in law and government through litigation and education relating to moral issues and religious liberty cases.
Posted by admin on Wednesday, August 3rd, 2011 @ 3:29PM
Categories: News
Tags: Abortion, pro-life
[...] Please read their post concerning their support of Jeshua and I. http://morallaw.org/news/foundation-for-moral-law-to-defend-arrested-pro-life-activists [...]
The abortion clinic clearly has an utter disregard for the thoughts and moral values of others. Not to mention a complete disdain for those who do not agree with them…
It is interesting because this week I read that scientist have discovered that the sex of a baby(fetus) can be determined earlier than they first believed possible. But we are not willing yet to extend as a government any right to life, liberty, or persuit of happiness and are willing to prosecute those who are willing to speak up for children in harms way.
According to section 13A-7-4 of the Code of Alabama: “A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises.”
According to section 13A-7-1: “A person ‘enters or remains unlawfully’ in or upon premises when he is not licensed, invited or privileged to do so. A person who, regardless of his intent, enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless he defies a lawful order not to enter or remain, personally communicated to him by the owner of such premises or other authorized person.”
Section 13A-7-4.1 deals with criminal trespass by motor vehicle. In that section it is stated that trespass by motor vehicle occurs if the motor vehicle “is being operated other than for the purpose of … Meeting the requirements of a situation in which it has unexpectedly become impossible or impractical for the motor vehicle to continue to travel on the public roads.”
In light of these three sections, the abortion clinic has absolutely no case at all. The supposed trespass occurred in an unfenced area that was open to the public. Therefore the abortion clinic must demonstrate that each of the two men arrested received “a lawful order not to enter” that area, and they must demonstrate that the supposed trespass did not occur as a result of an unexpected situation in which travel on the public sidewalk became impractical. I don’t know if the clinic ever presented these men with a lawful order banning entry, but it is patently obvious that travel on the public sidewalk was impractical.
The abortuary personnel will crave that precious water someday.
Caselaw has many examples of “legal” ruses to justify denial of constitutional rights, But they must be challenged to the nth degree at every chance possible; there is no reasonable alternative.
Well a judge found them guilty,I would love to be on the jury on the next court date.It also sounds like its time to replace a judge.Next time anyone walks by this clinic they need to drop a bucket over their sprinkler.
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