(Queens,
NY) The Thomas More Society attorneys are defending a group of peaceful
pro-life advocates from Queens against New York Attorney General Eric T.
Schneiderman in a federal lawsuit that accuses them of threats and violence
against abortion clinic patients. Last week the Thomas More Society filed a
motion to dismiss the New York Attorney General’s lawsuit. The motion argues
that the lawsuit is without merit because it is actually an assault on the
First Amendment rights of pro-life sidewalk counselors.
According
to Thomas More Society General Counsel Andrew Bath, “Most of these pro-life
advocates are members of the Church at the Rock in Queens,” he stated. “As
life-affirming Christians, they peacefully counsel women who are considering
having an abortion. They conduct themselves reasonably and compassionately and
offer information about abortion alternatives to those willing to listen.”
Schneiderman’s
lawsuit, filed in June, was reputed to seek an end to what he charged is “a
weekly pattern of threatening, obstructive and violent activity by a network of
anti-abortion protesters at Choices Women’s Medical Center in Jamaica, New
York.”
Of the
fourteen pro-life counselors that Schneiderman has singled out, ten attend
Church at the Rock. The congregation has been witnessing for life outside of
the abortion facility weekly since 2012. In June 2016, Schneiderman initiated a
yearlong investigation, claiming to have received “complaints of the
protesters’ extremely aggressive behavior.” He called the church members
efforts to offer support and alternatives to women considering abortion and to
advocate for the rights of the unborn, “horrifying” and “illegal.” However, in
five years, there have been no arrests and not a single citation.
Martin
Cannon, Thomas More Society Special Counsel, explained that the accusations in
Schneiderman’s lawsuit are unfounded, provide no particulars, and are composed
of random claims that site no dates, times or circumstances. “The AG’s alleged pattern of violence and
vitriol on the part of these peaceful pro-life advocates is without basis. In
fact, Schneiderman’s unwavering allegiance to abortion rights may have colored
his judgment in this case, as there is not one documented and verified instance
of the force, threat of force, physical obstruction, or following and
harassing, of which he has accused our clients.”
The
Thomas More Society supports the motion to dismiss the charges that
Schneiderman has thrust upon the pro-life defendant for reasons, including:
· The Attorney General has no standing to
act “on behalf of the people” as his vocal adherence to the cause of abortion
renders him unable to distinguish the State’s interests from those of the
Choices clinic and its wealthy abortionist owner.
· FACE, or the Freedom of Access to
Clinic Entrances act, is unconstitutional by its very nature of censoring
content in violation of the First Amendment rights to free speech.
· Schneiderman’s application of FACE is
faulty, particularly targeting pro-life speech and seeking to punish those who
hold a pro-life worldview.
· The alleged “weekly pattern of
threatening, obstructive and violent activity” is insufficiently demonstrated
and any standard of proof for Schneiderman’s accusations has not been
presented.
Schneiderman’s
legal action seeks to create a 16-foot buffer zone around the abortion business
premises at Choices, as well as punish the pro-life advocates by forcing them
to pay damages, penalties, costs and the state’s attorneys’ fees.
As a
nonprofit public interest law firm, the Thomas More Society is vested in
upholding the rights of free speech. Bath concluded, “These peaceful pro-life
advocates have been exercising their right to free speech – which includes the
freedom to share information on abortion alternatives- even if Mr. Schneiderman
doesn’t like it. The New York Attorney General’s lawsuit seeks to deny our
clients their fundamental First Amendment rights and is without factual or
legal basis. We will vigorously defend our clients’ right to continue to
peacefully deliver a pro-life message to abortion-minded women on the public
sidewalk. This is why we are seeking a dismissal of the State of New York’s
meritless attempt to deny our clients the rights guaranteed them by our
Constitution.”
Read the
Reply in Support of Motion to Dismiss by Griepp Defendants submitted to the
United States District Court – Eastern District of New York in People v. Griepp
et al by Thomas More Society attorneys here.
The
Thomas More Society is a national not-for-profit law firm dedicated to
restoring respect in law for life, family, and religious liberty. Headquartered
in Chicago and Omaha, the Thomas More Society fosters support for these causes
by providing high quality pro bono legal services from local trial courts all
the way up to the United States Supreme Court. For more information, visit
thomasmoresociety.org
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