Archive for bubble zone

Black pro-life preacher wins free speech case after he was arrested for preaching at an abortion clinic

Posted in Abortion, free speech, Walter Hoye with tags , , , , , , , , , , , , on July 29, 2011 by saynsumthn

Back Ground

In 2008, pro-life Pastor Walter Hoye was found guilty of violating “The Bubble Law,” a city law that provides an 8-foot buffer zone between pro-life protesters and women entering the abortion clinics. He was sentenced to 30 days in jail and ordered to stay 100 yards away from the clinic where he was arrested for the next three years.

Hoye was arrested on May 13, 2008, in front of the Family Planning Specialists clinic in Oakland, Calif.

He was carrying a sign that read, “Jesus loves you and your baby. Let us help,” and asking, “Can I talk to you for a minute about abortion alternatives?”

Pastor Walter Hoye, was the first person charged and found guilty of the city’s two-year-old law and was ordered to pay $1,130 in fines and remain on probation for three years after either serving his 30 days in county jail.

SAN FRANCISCO, July 29, 2011 /Christian Newswire/ — Late yesterday the Ninth Circuit Court of Appeals issued its opinion in Hoye v. Oakland, the case in which Pastor Walter Hoye challenged Oakland’s “bubble zone” ordinance as an unconstitutional infringement of free speech. In the 3-0 opinion authored by Circuit Judge Marsha S. Berzon, the court stated, “We agree with Hoye that there are grave constitutional problems with the manner in which the City has understood and enforced its Ordinance.”

The court reversed the district court’s determination that the ordinance is valid as the city applies it, because the City discriminates in enforcing the ordinance against Hoye but not other speakers. The City only prosecutes persons for “approaching” women within the “bubble zone” if they are trying to persuade the woman not to have the abortion. Clinic “escorts” and others “facilitating” the women entering the clinic can approach and give the women whatever message they want — often urging women to ignore Pastor Hoye. While Pastor Hoye has scrupulously followed the law, he has suffered arrest, prosecution and imprisonment due to the City’s determination to shut out his message. On the other hand, clinic escorts routinely break the law as written, yet have never faced prosecution.

Based on these facts, the court concluded, “Oakland’s enforcement policy is a constitutionally invalid, content-based regulation of speech.”

While the opinion also stated “we do not find any relevant differences between the Ordinance’s purpose and text and those of the Colorado statute that the Supreme Court held to be constitutional in Hill,” the Court noted that the reasoning of the Hill decision “has been criticized by scholars of various stripes.”

Pastor Hoye stands on the public sidewalk outside Oakland abortion clinics to offer hope to women. His sign reads, “Jesus loves you and your baby. Let us help.” One of the problems Hoye has faced in reaching women stems from the activities of clinic “escorts.” These clinic volunteers will surround Hoye, block his sign with blank posters, and drown out his voice, making it impossible for Hoye to reach his intended audience. The Ninth Circuit noted that the Supreme Court in Hill had not considered this scenario in upholding the Colorado statute. If, on further hearing, Pastor Hoye can show that the ordinance leaves him without ample alternatives for reaching his audience, this would be grounds for striking down the law, the Court said.

“This part of the decision points to a possible narrowing of the Supreme Court’s awful decision in Hill,” said LLDF Legal Director Katie Short. “In evaluating a constitutional challenge to a bubble law like this, courts will not turn a blind eye to the challenges facing pro-lifers in communicating their message, including when those challenges come from the bad behavior of clinic escorts.”

Life Legal Defense Foundation is a non-profit organization composed of attorneys and other concerned citizens, committed to giving helpless and innocent human beings of any age, and their advocates, a trained and committed voice in the courtrooms of our nation.

Abortion is killing more blacks than all other forms of death, see how racist it really is: Maafa21

Vindicated- charges dropped against pro-lifer who prayed at eugenic founded Planned Parenthood

Posted in Abortion, Church, free speech, Planned Parenthood, Pro-Life with tags , , , , , , , on August 4, 2010 by saynsumthn

CHICAGO, Aug. 3 /Christian Newswire/ — This afternoon, in a wake of national attention to the case, the Thomas More Society secured a dismissal of all charges against the first arrestee under the city’s “bubble zone” ordinance, which prevents certain types of picketing activity outside local abortion clinics. Joseph Holland, a Northwestern University graduate student, was arrested outside Planned Parenthood’s Near North Side facility on July 3 after the facility’s staff called the police and claimed he violated the ordinance by praying on the public sidewalk.

“We are pleased that the City of Chicago has dismissed these false and baseless charges against Joe Holland,” said Peter Breen, Thomas More Society executive director and legal counsel. “The First Amendment protects prayer on a public sidewalk in Chicago the same as in any other city in the country. We hope that the city will cease the suppression of pro-life speech under the ‘bubble zone’ ordinance and dismiss the lone remaining case, brought against David Avignone, who was arrested a few days after Joe.”

The “bubble zone” ordinance prohibits approaching within eight feet of a person without consent “for the purpose of passing a leaflet or handbill to, displaying a sign to, or engaging in oral protest, education, or counseling.” Witnesses and a video of the incident showed Holland standing stationary and praying, but not leafleting, picketing or sidewalk counseling.

Thomas More Society attorneys are also representing David Avignone, the second arrestee under the “bubble zone” ordinance, who was arrested the same week as Holland. Avignone’s first court appearance is August 30.

About the Thomas More Society
Founded in 1997, the Thomas More Society is a national public interest law firm that exists to restore respect for life in law. Based in Chicago, the Thomas More Society defends the sanctity of human life, the family and religious liberty in courtrooms across the country. The Society is a nonprofit organization wholly supported by private donations. For more information or to support the work of Thomas More Society, please visit http://www.thomasmoresociety.org.

Learn more about the eugenic and racist history of Planned Parenthood here