Skip to comments.13 Pro-Life Christians Defeat New York Attorney Generalís Attempt to Take Away Their Free Speech
Posted on 07/25/2018 7:02:44 AM PDT by Morgana
U.S. District Judge Carol Bagley Amon has denied an injunction sought by the New York Attorney General (OAG) against 13 pro-life Christians who counsel women and preach the gospel on the public sidewalks outside New Yorks largest abortion business. Liberty Counsel represents defendant Scott Fitchett, Jr., who was sued with the other defendants in June 2017 by former New York Attorney General Eric Schneiderman who wanted to shut down the Christian and pro-life speech of the defendants outside Choices Womens Medical Center in Jamaica, NY. Fitchett is a pre-K teacher who has spent Saturdays peacefully sharing the gospel on public sidewalks throughout New York City, including outside Choices to persuade women to change their minds about seeking an abortion by communicating the Gospel of Jesus Christ.
Judge Amons 103-page order denying the OAGs injunction meticulously took apart the OAGs false claims of harassment and intimidation against Fitchett and the other defendants. Judge Amon found the OAGs witnesses, including four Choices escorts, to lack credibility, and found the OAGs video evidence to fall far short of the OAGs burden of proof.
At the outset of her substantial factual findings, Judge Amon explained, The most problematic of the credibility issues discussed below is the tendency for the . . . OAG witness testimony to exaggerate the impropriety of the defendants conduct and to omit mitigating circumstances. In this regard, it is notable that, despite the availability of hundreds of hours of video evidence, the OAG has not cited a single video that corroborates the witness testimony . . . . Instead, the video evidence contradicts the escorts accounts of protestor conduct on specific occasions. (Emphasis added).
Judge Amons order specifically noted the biased and unreliable testimony of the OAGs main witnesses, as well as:
The exaggeration and selective destruction of evidence by clinic escort director Mary Lou Greenberg, along with her evasiveness and non-credible statements at the injunction hearing, and the fact that Greenbergs testimony at the preliminary injunction hearing frequently failed to accord with photographic, video, or other evidence of the same events. (Liberty Counsel previously revealed that Greenberg is the spokesperson for the Revolutionary Communist Party, USA that publicly advocates the violent overthrow of the United States, and exposed her praise for mass-murderer Mao Zedong in a video on C-Span.)
The questionable candor by escort leader Pearl Brady, who had advised her fellow witnesses (in private Facebook messages discovered by Liberty Counsel) how to sandbag their testimony, and had even created a fake Facebook account to spy on some defendants. Of most concern, Judge Amon wrote, are the inconsistencies between her descriptions of protestor conduct and the conduct shown in the supporting videos and photographs.
Escort leader Theresa Whites inability to recall events with accuracy, her admittedly faulty memory and eyesight and her sometimes exaggerated descriptions of protestor misconduct.
Security guard Troyd Asmuss inability to recall certain details with specificity and his admitted exaggeration of the impropriety of protestor conduct. (Liberty Counsel had previously uncovered that Asmus informed AG Schneidermans office, before the lawsuit was filed, that Fitchett never blocked, followed, harassed or intimidated anyone outside of Choices, showing Schneidermans entire case against Fitchett was based on falsehood.)
Judge Amons order categorically rejected all of the OAGs claims that Fitchett threatened or intimidated Choices patients or interfered with their access to the facility. To the contrary, Judge Amon found, His sole activity was to preach and hold a sign [CHRIST DIED FOR SIN] while standing at the edge of the sidewalk, and credited Fitchetts testimony that he preached the gospel outside an abortion clinic, against what he perceives to be outrageous sin.
Even though the order denies only the OAGs preliminary injunction request, Judge Amon sent a clear message to the OAG that attempting to move this case forward against Fitchett and the other defendants is a fools errand: In effect, the trial has already been held . . . . [W]here the OAG has failed to establish a violation, the OAG is neither likely to succeed on the merits of that claim nor able to establish a sufficiently serious question going to the merits of that claim.
Schneiderman filed the lawsuit in June 2017 based on the federal Freedom of Access to Clinic Entrances Act (FACE) and similar New York laws. Enacted by Congress to prevent actual violence and physical obstruction of abortion facility entrances, Schneiderman intended his FACE action to silence the pro-life and Christian messages he despised. Making his animus clear, he launched the lawsuit against Fitchett and the other defendants with a press conference outside Choices, where he touted his pro-abortion credentials while shockingly berating pro-life Christians who he said run their mouths with unlawful, un-American rhetoric. Flanked by the millionaire abortionist and Choices owner Merle Hoffman, Schneiderman smugly declared, We are not a nation where you can choose your point of view, and denigrated Christians efforts to counsel women and advocate for the life of the unborn as horrifying and illegal. In a sad twist of irony, Schneiderman would resign in disgrace less than a year later after serious allegations that he physically abused four women.
Judge Amons order completely vindicates Scott Fitchett because he did nothing wrong, said Horatio Mihet, Liberty Counsels Vice President of Legal Affairs and Chief Litigation Counsel. Scott Fitchetts preaching of the gospel on a public sidewalk is protected by our Constitution, even if its in front of an abortion clinic, and even though New Yorks Attorney General despises it. The lawsuit against Fitchett was based on a lie and not even the bevy of Harvard-trained lawyers from the AGs Social Justice Division, a millionaire abortionist who has killed more than a million babies, a communist agitator who plans the violent overthrow of our government in her spare time, or the corrupt former Attorney General who publicly billed himself the Protector of Women everywhere, could silence Fitchetts constitutionally protected preaching, said Mihet.
Drat, that pesky First Amendment. /s
Look at the Mississippi clinic that scheduled a late term abortion, then changed their story when the baby was born alive. (they pretended the appointment was for an ultrasound to determine how far along the pregnancy was.)
They're being investigated and could be shut down.
May God reward her.
Wow. Good news from NY this time.
>>We are not a nation where you can choose your point of view,<<
Thank you for summing up the left in the USA.
Neither sad nor ironic, IMO. Pro-abort men aren't that way out of an abundance of respect for women.
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