Second Judge Recuses in Sidewalk Counselor Sprinkler Case
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April 18 Update: Today Judge Eugene Reese recused, without explanation, from the case of David Day and Jeshua Screws, who were sprayed off a sidewalk by a Montgomery abortion clinic and charged with trespass. We were supposed to go to a jury trial this week, even after Judge Tracy McCooey recused last week, but now we are, once again, delayed and are currently “between judges.” This just keeps getting more and more interesting. Stay tuned. This case is like a box of chocolates!
April 13 Update: Judge Eugene Reese has the case and we are expecting to try it on Monday, April 16 in courtroom 4B. We would all appreciate your prayers.
MONTGOMERY, ALABAMA — The Foundation for Moral Law, a national pro-life, religious-liberties organization, will defend two Montgomery, Alabama, pro-life sidewalk counselors, Jeshua Screws and David Day, accused of trespass by a Montgomery abortion clinic for trying to avoid a sprinkler that the clinic uses to forcefully spray pro-life people off the public sidewalk with a sweeping 25-foot jet of water.
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. “Montgomery’s abortion clinic does not have a right to wrongfully spray people off the sidewalk because they don’t like their message of saving life and finding hope in Jesus Christ, and then turn around and accuse them of trespass for avoiding the sprinkler.” Huntsville attorney Jason McCartha (http://www NULL.mccarthalawfirm NULL.com/) will also be helping to defend the pro-life counselors at trial.
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.”
As seen in the picture above, to avoid the abortion clinic’s jet of water, pedestrians and joggers frequently walk behind the sprinkler head and onto the clinic property and then return to the sidewalk to proceed. However, when Jeshua and David, trying to exercise freedom of speech and religion on public property, tried to avoid the water jet in the same manner as they had seen passersby frequently do, the abortion clinic owner had them arrested and is claiming they committed criminal trespass.
“This is not about trespass,” said DuPré, “It’s about an abortion clinic trying to protect its cash flow by intimidating, harassing, and silencing those peacefully urging women not to give the clinic hundreds of dollars to take an innocent life.”
The Foundation for Moral Law, 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.