Pastor Sentenced for Oakland Abortion Protest

SF Gate ^ | 2/19/09 | Henry K. Lee

[Marie2]

A pastor at a Berkeley church was sentenced Thursday to three years' probation and fined $1,000 after becoming the first person convicted under an Oakland ordinance barring protesters from coming within 8 feet of anyone entering an abortion clinic.

Walter Hoye could have faced up to two years in jail after a jury convicted him last month of two misdemeanor counts of unlawfully approaching patients at the Family Planning Specialists Medical Group at Second and Webster streets.

The case was an emotional one, and pro-choice and anti-abortion advocates jammed the Oakland courtroom for the sentencing hearing. Dozens of people unable to find seats filled the hallway outside.

Hoye, 52, of Union City appeared ready to accept a jail sentence, telling Judge Stuart Hing of Alameda County Superior Court, "I believe that an unjust law is no law at all."

Hing said Hoye was by all accounts a "decent person." But illegal conduct is not justifiable when there are legal ways of protesting, the judgesaid.

Hing asked if Hoye would abide by an order requiring him to stay 100 yards away from the Oakland clinic, and the pastor said no.

The judge then imposed the stay-away order anyway, fined Hoye and sentenced him to three years of probation and 30 days in jail. Hoye can serve his time in a sheriff's work detail or by volunteering.

The "medical safety zone" around abortion clinics was set by the Oakland City Council in 2007. Abortion protesters must stay at least 8 feet from women, staff or escorts entering the buildings.

Hoye, executive elder of the Progressive Missionary Baptist Church in south Berkeley, hands out anti-abortion literature outside abortion clinics. He was arrested May 13 at the Oakland clinic, carrying a sign that read, "Jesus loves you and your baby. Let us help you!"

[highlander_UW]

they might feel unsafe but I doubt they actually were unsafe.

From what I heard he was saying such threatening things as "Jesus loves you". It's much more likely that they were feeling guilty for conspiring to commit the murder of their baby. I can see how the liberals and their culture of death could see such proclamations of love to be dangerous.

[gondramB]

>>they might feel unsafe but I doubt they actually were unsafe.

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From what I heard he was saying such threatening things as “Jesus loves you”. It’s much more likely that they were feeling guilty for conspiring to commit the murder of their baby. I can see how the liberals and their culture of death could see such proclamations of love to be dangerous. <<

I don’t know. If I’m going to the hospital and any non-hospital person tries to intervene I’m likely to regard that as a threat. Since these people likely view abortion as a legitimate hospital function i can see them feeling threatened.

the bottom line is the solution is a combination of getting better supreme court justices (which can only come by winning Presidential elections) and education. Yelling at women entering clinics is about as helpful as yelling at drug users.

[SunkenCiv]

Getting an abortion is considered protected speech, whereas protesting abortion by picketing abortion “clinics” has been prosecuted under the RICO Act.