In June 2012, St. Louis police accused Mr. Westbrook of
“False Advertising” for displaying a sign that advised abortion-bound women
that there were “Free Pregnancy Tests and Ultrasounds” available at the nearby
Thrive ultrasound van.
The City claimed that, because Westbrook himself was not
providing such free tests or ultrasounds, his sign was deceptive and
misleading. Westbrook was, however, referring Planned Parenthood patrons to the
ultrasound van parked just across the street from the Planned Parenthood
clinic, where ultrasound and pregnancy tests were freely provided.
The charge against Mr. Westbrook was thrown out when the
court granted the defendant’s motion to dismiss. The judge thus acknowledged
that the City was frivolously using a commercial consumer protection ordinance
against a selfless, non-profit pro-lifer saving babies.
Similarly, in October 2012, police misapplied an ordinance
to charge Ms. Sparrow with “littering with household goods” for using a folding
chair to hold up her signs and a statue of the Blessed Virgin Mary on a lawn
chair next to the driveway into Planned Parenthood in St. Louis. The charge
against Ms. Sparrow was that she violated the City’s “Anti-Littering
Ordinance,” which forbade placement of unattended personal property on city
property, such as public sidewalks, parks, etc.
After hearing the City’s police officer testimony and
looking at a video that showed other objects on the parkway near the driveway
in addition to Ms. Sparrow’s lawn chair, the judge threw out the case. He
commented that there was no evidence that Ms. Sparrow had ever left her lawn
chair unattended, and he compared the City’s charge in Ms. Sparrow’s case to
the City charging those attending a concert in a city park and bringing their
lawn chairs for that purpose.
As with Mr. Westbrook, the City had expanded an ordinance
far beyond its intended scope to use it to stifle legitimate, First Amendment
protected activity.
Representing the pro-lifers were Gerard Nieters of O’Fallon,
Missouri, special counsel hired by Thomas More Society from Chicago, and Tom
Brejcha, president and chief counsel of the Thomas More Society. Brejcha argued
the motions to dismiss both charges, while Nieters conducted the trial
proceedings held in Ms. Sparrow’s case before Judge Noble dismissed the charge
after the presentation of the City’s evidence was completed.
In one part of his argument, the City attorney betrayed the
truth of what prompted the City to bring these baseless charges against pro-lifers.
The City attorney argued that Westbrook was “taking business away from” the
targeted business, namely, Planned Parenthood. This reveals the underlying
motive for the charges.
“Dismissal of these charges constitutes a big victory for
all pro-lifers in St. Louis, Missouri, and elsewhere, as the Planned Parenthood
facility is the only abortion provider left in our entire state,” said Gerry
Nieters, attorney for defendants. “Furthermore, the judge’s dismissal of the
City’s charges in both these cases is of major importance for protecting
citizens’ First Amendment rights.”
Tom Brejcha added “While we applaud this result, we remain
extremely troubled that St. Louis authorities ever brought such frivolous
criminal charges against these innocent, pro-life heroes. It has been our honor
to defend them.”
With the dismissal of all charges, Mr. Westbrook and Ms.
Sparrow look forward to continuing their peaceful counseling of women outside
Planned Parenthood without fear of harassment by the City.
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