Attempts by Abortion Clinic to Stop Prayer and Pro-Life Speech on Public Sidewalk Foiled

BIRMINGHAM, Ala., Oct. 25 /Christian Newswire/ -- On Friday, October 22, 2010, Circuit Court Judge Edward Ramsey for the 10th Judicial District of Jefferson County, Alabama, issued a temporary restraining order (TRO) prohibiting the Survivors of the Abortion Holocaust, their founder, Jeff White, and others, from engaging in constitutionally protected activity on the public sidewalk surrounding the New Woman, All Women abortion clinic (NWAWAC) in Birmingham, Alabama. Prohibited activities included prayer, holding signs and oral communication with any other person.

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The order was issued without notice to White and others based on allegations that they failed to comply with a decades-old injunction issued by the United States District Court for the Northern District of Alabama. However, there was no failure to comply because the injunction did not apply to Mr. White or the Survivors.

Even though NWAWAC was aware the federal injunction was not enforceable against White or the Survivors, NWAWAC circumvented the district court by obtaining an order from Judge Ramsey of the circuit court. Because there was no notice and no opportunity for White and others to be heard, Judge Ramsey was unaware of the procedural history of the federal case at the time the order was issued.

When Mr. White learned of the TRO, a hearing was immediately sought before Judge Ramsey by Birmingham attorney Trenton Garmon on White's behalf, with a request that the order be dissolved. At the end of the business day Judge Ramsey told Garmon that the order would not be set aside and that Mr. Garmon would have to return on Monday, October 25, 2010, for a hearing on whether the order should be dissolved.

The injustice of the TRO is readily apparent - earlier the day the order issued Survivors witnessed two women leave the clinic based on information given to them from the public sidewalk. If pro-lifers are not allowed on the sidewalk lives will be lost to abortion.

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This morning the hearing was held and the TRO dissolved. "Just as the prophet Elijah sent a message to King Ahab we are sending one to NWAWAC - Mr. White and Survivor's are standing their ground. This is America, pro-life citizens have the right to stand on the public sidewalk and freely speak in opposition to abortion, and they will!" says Attorney Garmon.

Life Legal Defense Foundation was established in 1989, and is a non-profit organization composed of attorneys and other concerned citizens, committed to the sanctity of human life. Life Legal routinely defends Mr. White and the Survivors and will fund Mr. Garmon's work on their behalf. For more information call Dana Cody, (707) 337-6889.

 

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