SPLC has recently added to this “hate-map” three traditional Catholic publications—The Remnant, Catholic Family News and Fatima Crusader—which have been the subject of SPLC's ridiculous and error-filled exposé of Roman Catholic traditionalists, which our previous newsletters have addressed.

Just before Easter 2008, ACLA learned that a military security officer at the Picatinny Arsenal, a massive military base in New Jersey, had sent the “Hate Map” to more than 1,000 military personnel at the base, along with email falsely alleging that the groups listed, including the three Catholic publications, engage in, or promote violence.

The email further stated that military personnel should be on constant guard for “threats” by these groups. Even more distrubing, the “Hate Map” had been sent to the security officer by the Army's Criminal Investigation Division (CID).

After learning of this alarming development, ACLA sent a detailed letter to the security officer and the commander of the Picatinny Arsenal, demonstrating that the officer's allegations were false and that SPLC's “Hate Map” is left-wing propaganda.

In response to our letter, the security officer sent out an email to the same 1,000 people at the military base, retracting his remarks and disavowing any endorsement of the “Hate Map.”

ACLA has made a formal demand to the CID under the Freedom of Information Act for all documents and other information concerning whether, and to what extent, the U.S. Army has been circulating among its ranks SPLC's bogus “Hate Map” and other material defaming traditional Roman Catholics.
 

In ACLA's friend-of-the-court brief we argue that Pleasant Grove has the right to place a privately donated Ten Commandments monument on public property without converting that property into a “public forum” that would have to be opened to “competing” monuments.

In this case, a secularist group called “Summum” has employed a tactic being used all over the country by secularist opponents of Ten Commandments monuments on public property. Summum demands the right to place its competing “Seven Aphorisms” monument on the same property as the Ten Commandments monument.

The idea behind this tactic is to turn every place where a Ten Commandments monument is found into a battleground for “competing” monuments, so that municipalities will simply throw up their hands and not place any privately donated monuments at all.

The Tenth Circuit agreed with this approach, holding that Summum has the right to put its “Seven Aphorisms” monument next to the Ten Commandments monument in Pleasant Grove.

As ACLA’s brief states, this approach will lead to absurd results if the Supreme Court does not reverse the Tenth Circuit:

“If all private actors may install permanent, unattended monuments in public areas once the government has installed a donated monument, it becomes significantly more difficult for the government to communicate its own speech in a manner highlighting the value of its message as the speech of the government.

Under the Tenth Circuit’s ruling… any neo-fascist or other group opposed to the memory of the Holocaust… would be free to erect its own monument openly challenging the sentiments communicated by the Holocaust memorial.”

That the Supreme Court has agreed to review this case is a sign that it intends to undo the injustice created by the Tenth Circuit’s ruling.

Please pray that the Court upholds the right of municipalities to recognize the Ten Commandments in this limited way, without competition from atheists, secularists and other crackpots.
 

The suit alleges that, despite the prior settlement with the City of Allentown, which AWC failed to block in federal court, AWC “escorts” have taken to holding up plastic tarps, six feet in height and fifteen feet in length, across both sides of the entire crosswalk leading to the abortion mill. By this means, AWC hopes to create a veritable “wall of silence” to block out our clients' saving pro-life message.

In addition, the suit alleges, AWC “escorts” form a human shield or scrum around the expectant mothers as they walk across Keats Street in order to “body block” the pro-life advocates and interfere with normal conversation and interaction between them and the expectant mothers.

The suit seeks damages and an injunction against further interference with the rights of the pro-life advocate plaintiffs.
 

The seizure occurred after attorneys for parties opposing the activity of the pro-life candidates obtained an injunction banning the literature on the basis of the allegation that the literature was in violation of state election law.

Some of the pro-life candidates lost the election by only a few votes, so that seizure of their campaign literature could have affected the outcome of the race, as well as being a violation of constitutional rights. Details will follow upon completion of ACLA’s investigation.

Jackson City attorneys are claiming the police officer who arrested Mr. Mahoney without grounds and caused him to be shackled and confined to a City jail is “immune” from suit because the arrest was justified.

ACLA's opposition papers contend, however, that the police officer and her partner, during depositions conducted by ACLA chief counsel Christopher A. Ferrara, conceded that the grounds for arrest stated in her police report did not exist, and that Mahoney was wrongfully arrested for objecting to the officer’s conduct at the scene, a local abortion mill where Mahoney had been praying to end abortion.

A decision on the motion is expected shortly.

The appeal argues that Mr. Fabics’s two-family home, in which he resides, is not a rooming house merely because it is divided into two apartments, like innumerable other two-family homes, and that an apartment is by definition not a rooming house.

The appeal is being handled in connection with ACLA’s defense of Mr. Fabics against a charge by the Division of Civil Rights that he is guilty of religious discrimination because of religious statements contained in his lease forms and in advertisements for the apartments.

ACLA’s position is that the premises, as a two-family, owner occupied house, are not subject to New Jersey’s Law Against Discrimination, and that, in any event, Mr. Fabics has a constitutional right to express his religious beliefs to tenants, who have included a Muslim and other non-Catholics.

ALLENTOWN, PA: The suit by 13 pro-life advocates against the City of Allentown has been settled. The settlement, which appears to be the first of its kind in the nation, resolves all issues in the pending suit, which arose from what the suit alleges was a pattern of harassment and wrongful arrest and prosecution of the plaintiffs on account of their First Amendment-protected protest activities outside Allentown Women's Center, an abortion mill located on Keats Street alley in Allentown.

Under the terms of the settlement, each plaintiff will receive a cash payment, the City of Allentown will provide a defined pedestrian walkway within which pro-life advocacy can be conducted, and the mere presence of plaintiffs on Keats Street to engage in pro-life advocacy will no longer be treated by the City as "obstruction" or "loitering."

Allentown Women's Center has moved to intervene in the case in an effort to block the settlement, and plaintiffs' attorneys, together with counsel for the City of Allentown, have argued against intervention. If the settlement is approved by the Court, it will bring an end to years of litigation over pro-life activity on Keats Street, including 42 attempted prosecutions of plaintiffs, not one of which was successful.

"The plaintiffs are pleased with the terms of the settlement and are hopeful this case will soon be over," said Christopher A. Ferrara, ACLA chief-counsel and co-counsel in the suit with Denis V. Brenan, ACLA's Pennsylvania affiliate. Court action is expected in the near future.

PHILADELPHIA, PA: In a unanimous decision the Superior Court of Pennsylvania has reversed the conviction of pro-life activist Philip Pongracz for harassment. Pongracz was convicted of harassment based on the allegation that he called a security guard at Allentown Women's Center, a local abortion mill, a crude name three times over a period a few seconds, which Pongracz denied.

Pongracz's attorneys, Denis V. Brenan, ACLA's Pennsylvania litigation counsel, and Christopher A. Ferrara, ACLA chief counsel, argued that even if Pongracz had made the remark in question it was speech protected by the First Amendment and was uttered for a legitimate purpose: to express outrage over his false arrest at the abortion mill earlier that day on another charge on which Pongracz was later acquitted.

The appeals court agreed, holding that the alleged conduct was "protected speech for a legitimate purpose. Consequently, the evidence was insufficient to establish appellant harassed [complainant] as a matter of law and, as such, appellant’s harassment conviction must be reversed."

"We are very gratified by this decision, which demonstrates that members of the pro-life movement are no less entitled to First Amendment protection than other political activists," said Mr. Ferrara, who argued the case before the Court.

JACKSON, MS: ACLA's Mississippi litigation counsel, James McCafferty, has brought a civil rights action against the City of Jackson on behalf of veteran Catholic pro-life activist Richard Mahony.

The suit alleges that Mahony was arrested on trumped up charges of failing to follow the commands of a police officer, handcuffed so tightly that he suffered nerve damage to his hands, and confined to jail overnight.

Mahony was arrested when he insisted that he police investigate a heckler who had threatened him with a knife. Mahony was acquitted of the charge after a trial in County Court.

The suit further alleges that Mahony's arrest was part of a long-standing policy and practice in Jackson of harassing pro-life activists with arrest and prosecution or threats of same in order to discourage and retaliate for their pro-life advocacy. The suit will no proceed through the pre-trial discovery stage.

SPRING VALLEY, NY: As already reported (see story below) ACLA’s lawsuit against Spring Valley, New York on behalf of Catholic pro-life activists Father Francis J. Samoylo and Richard Bruno has been settled in a major victory for the pro-life cause.

Following repeal of the unconstitutional ordinance at issue, which banned all public assemblies without permission of the Town council, Father Samoylo and Mr Bruno expressed their gratitude in a letter to the Association:

"The unconstitutional repealed ordinance was directed towards us in an attempt to intimidate and have us discontinue our peacefully praying the rosary on public property outside a Planned Parenthood Abortion Mill asking for Our Lady of Guadalupe’s intercession. Prior to engaging your superb legal team, pro-bono, (free, without cost)… we were very concerned with possible legal consequences. Your Christ-like demeanor and superior professional legal advice quickly removed any anxieties we were experiencing… renewed our courage and strengthened our resolve.

“The unbelievable speed with which you accomplished this despite your existing heavy caseload was truly remarkable. Both Father Frank Samoylo and myself are extremely grateful for your excellent advice, patience, reassurance, time and superior work in drafting that awesome 26-page legal brief that was submitted to the court and was instrumental in our victory.”

Commenting on the outcome of the case, ACLA chief counsel Christopher A. Ferrara said that "it was a privilege and a pleasure to provide effective representation to these two exemplary Catholics. This is what ACLA was created for."

GEORGIA: ACLA is pleased to announce that Michael R. Hirsh has joined ACLA as its Georgia Counsel. Michael is an experienced businessman and seasoned litigator and has tried cases at both the trial and appellate level in dozens of jurisdictions across the country. His particular passion is defending the unborn and those that speak out on their behalf.

Michael and his wife Jo Lynn live in metro Atlanta, Georgia. Recently, he and his wife and seven of their thirteen children entered the Catholic Church. "We welcome Michael to ACLA's network of attorneys. But, more important, we welcome him, his wife and children to the Catholic Church," said ACLA chief Counsel Christopher A. Ferrara.

NEW YORK, NY: On February 16, 2007 ACLA filed suit against the City of New York and several named police officers on behalf of veteran pro-life activists John Cain.

The suit arose out of attempts by the defendant police officers to use threats of arrest and prosecution to intimidate Mr. Cain into ceasing his lawful demonstrations at a Planned Parenthood abortion mill located in the Israeli consulate building in Manhattan.

ACLA’s suit follows three aborted criminal prosecutions of Mr.. Cain on bogus charges of “harassment” and “obstruction of pedestrian traffic” -- all dismissed before the charges ever got to court.

The suit alleges that one of the police officers named in the suit engaged in constant threats of arrest and prosecution and even chest-butting of Mr. Cain.

The suit seeks an injunction against all further harassment and an award of compensatory and punitive damages.

JACKSON, MI: ACLA’s Mississippi affiliate, James (Jim) T. McCafferty, Esq. has won another acquittal of a pro-life activist in Jackson, Mississippi.

A Jackson-area pro-life activist was charged with “assault” by the infamous local abortionist Joseph Booker, based on nothing more than the pro-lifer’s statement, with reference to the Bible, that Booker’s days on earth are numbered.

The message this pro-life activist was seeking to convey is simply that all of us must die and face God’s judgment, and that the day of judgment comes sooner than we may think.

But Booker, who kills unborn children for a living, claimed that he had been “assaulted” by these mere words, which happen to be God’s truth.

The activist was acquitted at a trial in the City of Jackson Municipal Court in January, after the judge found that no “assault” had occurred, despite Booker’s alleged “fear” over the activist’s First Amendment-protected statement.

"Here, yet again, we see how the criminal process is being abused as a hammer to silence pro-life speech. But Jim put a stop to it!, " said ACLC chief counsel Christopher A. Ferrara.

"ACLA hopes to be working with Jim, a convert and devout Catholic, on many pro-life and civil rights matters in the State of Mississippi. Jim is truly on fire for the pro-life cause, and is a real asset to our network of attorneys," Ferrara added.

SEASIDE HEIGHTS, NJ: ACLA's suit against the City of Seaside Heights on behalf of Michael Bizzaro has been settled, with the City agreeing that its current ordinance banning distribution of "anything, for any purpose" on the Boardwalk does not apply to Mr. Bizarro's First Amendment-protected activity of handing out religious literature to passers-by.

The settlement, entered as a court order by Hon. Joel Pisano of the U.S. District Court, ends the threats of prosecution to which Mr. Bizarro had been subjected before suit was filed.

NEW YORK, NY: ACLA’s lawsuit against a major New York City abortion mill that goes by the trade name “Dr. Emily,” has been resolved with stipulated court order that permanently bars the abortion mill from deceptive advertising in the Yellow Pages.

The suit alleged that “Dr. Emily” was deceptively advertising itself in the “Abortion Alternatives” section of two Yellow Pages-style directories in the New York metropolitan area, and that in order to place its ads in these sections, the abortion mill concealed all references to the fact that it kills unborn children and provides no alternatives to abortion, such as adoption.

The “Abortion Alternatives” section of the Yellow Pages was created for pro-life crisis pregnancy centers or CPCs, like the one ACLA represented in this case, Expectant Mother Care-EMC Front Line Pregnancy Centers, which was founded by pro-life leader Chris Slattery.

The stipulated order, entered by New York Supreme Court Justice Bruce E. Tolbert, provides that “Dr. Emily” shall “permanently refrain from advertising in the ‘Abortion Alternatives section of Ambassador Yellow Pages, Yellow Book, Verizon and any other publisher of telephone advertising directories commonly known and understood as or similar to “Yellow Pages,” as well as in any online advertising directories which contain a section for ‘Abortion Alternatives’… [This] shall constitute a binding and enforceable permanent order of this Court.”

“The EMC FrontLine Pregnancy Centers, our staff and supporters are immensely grateful to Chris Ferrara and the staff of the ACLA for their outstanding work in obtaining an immediate settlement and order preventing any future recurrence of deceptive directory advertising by one of NY’s leading abortion clinics, in the Abortion Capital of America,” said Mr. Slattery.

SPRING VALLEY, NY: ACLA’s lawsuit against Spring Valley, New York on behalf of Catholic pro-life activists Father Francis J. Samoylo and Richard Bruno has been settled.

ACLA had brought suit to challenge the constitutionality of a village ordinance which provided that “No outside public assemblages or meetings on the public streets of the Village shall be permitted without the consent of the Board of Trustees”

Father Samoylo, Mr. Bruno and other Catholics known as the Rockland County Catholic Coalition had been threatened with arrest and prosecution under the ordinance for failing to obtain a permit to pray the rosary on public property near a Spring Valley abortion mill.

After receiving the suit papers, including a motion for preliminary injunction, prepared by ACLA attorneys, the Village agreed to repeal the ordinance and to cease threatening Father Samoylo and Mr. Bruno with arrest.

“We are gratified that this lawsuit provoked a change of policy in the Village of Spring Valley,” said Christopher A. Ferrara, ACLA President and Chief Counsel. “This was an important victory for the First Amendment rights of Catholics.”

Under the terms of the settlement, plaintiffs reserve the right to mount a constitutional challenge to any new ordinance adopted. The Village did adopt a new ordinance which is under review by ACLA attorneys.

“I have already advised the Village’s attorneys of my concerns about the new ordinance, which I trust will not be applied to Catholics who pray the rosary on public property. Thus far, it has not been and our clients and their fellow Catholics have been able to pray the rosary in public at the same location without further threats of prosecution,” said Mr. Ferrara.

JACKSON, MS: ACLA’s Mississippi affiliate, James (Jim) T. McCafferty, Esq. has won the acquittal of veteran pro-life activist Richard Mahoney, of Jackson, Mississippi.

Richard was charged with disorderly conduct for alleged “failure to comply with the requests or commands of a law enforcement officer,” when he asked a female police officer responding to the scene of his sidewalk demonstration why she was not arresting the man who had just threatened him while he was engaging is sidewalk pro-life advocacy.

“Jim McCafferty did a very skillful job of exposing this criminal charge as baseless,” said ACLA chief counsel Christopher A Ferrara. “This charge is only part of a nationwide pattern of abusing the criminal process to persecute pro-lifers,” he added.

Mr. McCafferty is a 1976 graduate of Millsaps College (B. A., cum laude) and received his law degree from the University of Mississippi, where he served on the editorial board of the Mississippi Law Journal. He has practiced at all levels of the state and federal court systems, from justice court (misdemeanors/small claims) to the United States Supreme Court, and formerly served as senior attorney for the Mississippi Department of Environmental Quality (MDEQ) and as a special assistant attorney general.

In addition to his law practice, Jim is an award-winning freelance magazine and newspaper writer, and is the author of two published children's books.

“We are very fortunate to have this gifted attorney in our network of Catholic lawyers,” said Mr. Ferrara.

ACLA attorneys Christopher A. Ferrara and Bertram (Skip) Goltz have filed a motion for preliminary injunction in ACLA’s lawsuit against the Borough of Seaside Heights in New Jersey.

The motion, which is returnable on January 16, 2007, seeks a preliminary injunction barring enforcement of a Seaside Heights ordinance that prohibits solicitation or distribution of “anything for any purpose” on the Seaside Heights boardwalk.

Veteran Catholic activist Michael J. Bizzaro, an Annapolis graduate and Marine Corps Lieutenant, was threatened with arrest and prosecution under the ordinance for handing out Catholic literature on the boardwalk.

"We believe this ordinance is blatantly over-broad and unconstitutional," said ACLA chief counsel Christopher A. Ferrara. "The mile-long boardwalk at Seaside Heights certainly meets the definition of a traditional public forum, in which speech by citizens is given the highest level of protection by the courts. There is no legitimate government interest in turning the boardwalk into a 'speech-fee' zone."

BELMAR, NJ: The Borough of Belmar, NJ has given assurances to ACLA that police will no longer threaten a Catholic activist with arrest for distributing Catholic apologetical literature on the streets and boardwalk of that municipality.

This assurance was provided by the Borough following its receipt of a legal opinion letter from ACLA Chief Counsel, Christopher A. Ferrara, whose intervention followed threats of arrest last St. Patrick’s Day.

"ALCA’s opinion letter, which was ably drafted by our affiliate counsel Skip Goltz, a former New Jersey deputy attorney general, carefully explained our client’s First Amendment rights and the limits of government authority to restrict pamphleteering," said Mr. Ferrara. "ACLA is pleased that we were able to reach an amicable resolution that protected our client’s constitutional right to spread the Catholic faith in the public square."

SOUTH ORANGE, NJ: Reversing a trial court dismissal of ACLA's and Thomas More Center's lawsuit against the Millburn/South Orange, NJ School District, the Third Circuit Court of Appeals has ruled that the suit, Stratechuck v. Millburn/South Orange School District, et al, states a legally sufficient cause of action and that the trial judge erred in dismissing it.

The Third Circuit directed the trial judge to allow the plaintiff, a parent with a child in the school district, an opportunity to demonstrate that the District has, as the suit alleges, banned all religious music from its curriculum in a violation of the First Amendment.

"There is already substantial evidence that the District, in 2004, reversed its policy of allowing great classical music pieces such as Handel's Messiah to be performed and decided to ban any and all religious music from curriculum, apparently in response to isolated complaints," said ACLA chief counsel Christopher A. Ferrara. "No school can ban religious music simply and only because it is religious, since that constitutes forbidden government hostility to religion," Mr. Ferrara added.

Among the evidence plaintiff has thus far uncovered is a memo from the head of the music department directing its teachers to “avoid any selection which is considered to represent any religious holiday, be it Christmas, Hanukkah, etc. This holds true for any vocal or instrumental setting.”

Also uncovered is a letter of protest the District’s music teachers objecting to the new policy as "no less than censorship of both sacred musical masterpieces and non-sacred musical and cultural traditions…As music teachers, we believe that the religious music that our choral and instrumental groups have performed in the past is an important part of our music curriculum and the national standards for music. . . ."

The teachers added that "The courts have held that the constitution guarantees freedom 'of' religion, not freedom 'from' religion. . . ." These documents contradict the District's claim that it has no policy banning religious music.

"I look forward to working with Rob Muise of the Thomas More Center on this important case," said Mr. Ferrara.

The court has authorized the depositions of school officials by ACLA in order to develop further evidence in the case.

WHITE PLAINS, NY - ACLA attorneys have filed suit in Westchester County Supreme Court against a NYC abortion clinic, known as "Dr. Emily," on grounds that the clinic has engaged in false advertising and deceptive business practices by advertising in the "Abortion Alternatives" section of the Yellow Pages.

This section of the Yellow Pages is reserved to organizations that do not provide abortions but rather seek to persuade expectant mothers to keep their babies.

ACLA is representing a crisis pregnancy center, Expectant Mothers Care, which provides ultrasound, counseling, financial assistance and other services in an effort to save unborn children.

The suit alleges that "Dr. Emily" deceptively placed ads in the "Abortion Alternatives" section of the Yellow Pages that "deceptively omit the phrases 'Gentle abortion. No-pain anesthesia'; 'Abortion pill for natural, at-home experience', and 'Simple one-day procedure even up to 20 weeks'—phrases all contained in the defendant’s 'Abortion Providers' advertisement—so as to create the false impression that defendant is not involved in providing abortions."

The suit further alleges that this was done despite a disclaimer in that section of the Yellow Pages which states: "For organizations that provide counseling and/or information on abortion alternatives. They do not provide information and/or counseling on the attainment of abortion services nor do they provide abortion services."

Justice Colabella of the Supreme Court has issued an order to show cause, at ACLA's request, ordering "Dr. Emily" to appear and show cause on October 13, 2006, why it should not be permanently restrained from publishing such ads in the future.

TOWN OF SEASIDE HEIGHTS SUED OVER ORDINANCE BANNING RELIGIOUS LITERATURE ON BOARDWALK

SEASIDE HEIGHTS, NJ - ACLA has filed suit against Seaside Heights on behalf of a veteran Catholic activist who was threatened with arrest for handing out Catholic literature, including a pamphlet on the Rosary and another on the Church's dogmatic teaching on salvation, on the famous boardwalk in Seaside Heights.

The suit seeks to have declared unconstitutional a Seaside Heights ordinance that states: “No person shall solicit or distribute anything, for any purpose, on the public boardwalk or public beaches in the Borough of Seaside Heights.”

"We believe this ordinance is an overly broad, impermissibly vague and patently unconstitutional restriction on free speech in a classic public forum," said Chief Counsel Christopher A. Ferrara.

"We are asking the court to issue a judgment declaring the ordinance unconstitutional and forbidding Seaside Heights to enforce the ordinance against our client's speech," he added.

A motion for preliminary injunction is expected to be filed shortly.

FORMER DEPUTY ATTORNEY GENERAL "SKIP" GOLTZ JOINS ACLA TEAM

ACLA is pleased and proud to announce that a former New Jersey Deputy Attorney General, Bertram (“Skip”) Goltz, has joined ACLA’s attorney network as a New Jersey litigation counsel.

"Skip is a brilliant lawyer and a masterful researcher and brief writer. He wants to devote his retirement to the pro-life cause, and has already produced excellent work for ACLA. We are very privileged to have Skip on our team," said Chief Counsel, Christopher A. Ferrara.

"With the help of lawyers like Skip, we will be able to mount an even stronger resistance to the forces of secularism, especially Big Abortion, in our society."

Upcoming Jury Trial in Pro-Lifers' Suit Against Allentown

ALLENTOWN, PA: ACLA Pennsylvania litigation counsel Denis V. Brenan, with the assistance of Chief Counsel Christopher A. Ferrara, is completing discovery in a second federal lawsuit filed against the City of Allentown on behalf of thirteen pro-life activists. The suit seeks both injunctive relief and damages against the City and other defendants.

The upcoming jury trial in the suit will revolve around claims that the Allentown Police, acting pursuant to an official policy, subjected the pro-life activists to arrest, prosecution, and threats of same, for "loitering" and other charges in an effort to ban pro-life protests outside the entrance to a local abortion mill on Keats Street in Allentown.

"The plaintiffs' contend that their civil and constitutional rights were violated by abuse of the criminal process and by arbitrary police commands aimed at restricting or entirely eliminating plaintiffs' presence on Keats Street by forcing the plaintiffs to keep moving, walk entirely around the block, stay off the street completely, and so forth" said Mr. Ferrara.

"We hope to obtain a major plaintiffs' verdict that will send the message that pro-life activists are just as entitled to use the public forum as any other stripe of political activist," he added.

Decision Expected in Motion to Dismiss Criminal Charges

MANHATTAN, NY: decision is expected on September 21, 2006 on a motion to dismiss criminal charges against a pro-life activist, Luis Menchaca, charged with "harassment" by an "escort" for a Manhattan abortion mill operated by Planned Parenthood in Greenwich Village.

The motion argues that the activity alleged to constitute harassment is protected speech, and that defendant has been denied a speedy trial as required by New York law and the U.S. Constitution.

"We believe this case is a typical example of improper attempts to criminalize protest against abortion," said Chief Counsel Christopher A. Ferrara, who is representing the defendant.

"We are hopeful that the Court will dismiss this unfounded charge, which chills my client's First Amendment rights," Mr. Ferrara added.

Pro-Life Advocate Charged with "Obstruction of Traffic" Outside Abortion Mill

MANHATTAN, NY:  ACLA will provide representation to a veteran pro-life activist, John Cain, who has been charged with "obstructing" pedestrian traffic on the sidewalk outside a Manhattan abortion mill located in the Israeli Consulate building in Manhattan.

The activist was engaged in protesting against abortion at the time he was cited and had been the subject of several threats of prosecution on account of his protests. An earlier charge of "harassment" was dismissed.

"This case, like other we have handled, is part of a national trend of using local criminal statutes to chill the First Amendment rights of pro-life activists. We will provide Mr. Cain with a vigorous defense," said Chief Counsel Christopher A. Ferrara.

Yellow Pages Agrees to Drop Misleading Abortion Clinic Ads

NEW YORK, NY: After an intervention by ACLA's chief counsel, Christopher A. Ferrara, Ambassador Yellow pages has agreed, in a letter from its attorneys, that a New York City abortion mill will no longer be allowed to place ads in the "Abortion Alternatives" section of the Yellow Pages.

The "Abortion Alternatives" section was created for organizations that do not provide abortions but rather seek to persuade women to keep their babies or place them for adoption.

"Placement of an abortion clinic ad in this section of the Yellow Pages was a misleading and deceptive practice by the abortion mill, which removed all references to abortion from its ad in order to gain placement in that section, despite a disclaimer in that section stating that organizations advertising there do not provide abortions.

"Ambassador Yellow pages is to be commended for its correction of this abuse," said Mr. Ferrara, who is representing a NYC-based crisis pregnancy center that helps women find alternatives abortion.

Preliminary Injunction Hearing Completed

PHILADELPHIA, PA: ACLA attorneys have completed preliminary injunction hearing in the United States District Court for the Eastern District of Pennsylvania.

In this action, ACLA is representing pro-life activists who are seeking an injunction against the City of Allentown barring further attempts to cite the activists for “loitering” in order to discourage their peaceful pro-life advocacy outside an abortion mill in the same city.

ACLA attorneys previously won an injunction from the court preventing the City of Allentown from requiring a “permit” for the same pro-life activities.

The court has scheduled summations in the case for May 4, 2006 and a decision is expected shortly thereafter.

Certiorari Petition Filed: Supreme COURT Conference April 28

WASHINGTON DC: A certiorari petition filed in the United States Supreme Court on behalf of clients represented by ACLA and Thomas More Law Center in the widely publicized “Nuremberg Files” case is scheduled for a conference by the court on April 28, 2006. On that date the Court will vote on whether to accept this case for Supreme Court review.

Twenty-two friends of the court have joined in six separate amicus briefs urging the court to accept the case. This case, which ACLA has been litigating for the past ten years (see earlier news items), has profound implications for the First Amendment rights of political protestors across the nation.

“The five dissenters from the Ninth Circuit decision now before the Supreme Court warned that the Ninth Circuit’s reasoning posed a threat to political protestors across the country. We agree and we hope that the Supreme Court agrees,” said Christopher A. Ferrara, ACLA Chief Counsel.

Attorney General Lawsuit Resolved

NEW YORK, NY: Attorney General Eliot Spitzer’s lawsuit against two pro-life activists represented by ACLA Chief Counsel, Christopher A. Ferrara, has been resolved. The Attorney General has agreed to drop all claims for money damages, civil penalties and attorneys’ fees, and the parties have negotiated a permanent injunctive order that will allow pro-life advocacy to continue on the sidewalk immediately across from the doorway of the abortion mill located at 26 Bleecker Street in Manhattan. “This resolution spares my clients the risks of a trial, damage awards and civil penalties against them, and a final injunction that would have been more restrictive of their rights,” said Mr. Ferrara.

Motion to Dismiss Criminal Charges Filed

NEW YORK, NY: ACLA Chief Counsel Christopher A. Ferrara has filed a motion to dismiss criminal charges filed against a pro-life activist by the Manhattan District Attorney. The activist was charged with “harassment” and “disorderly conduct” The motion seeks dismissal on First Amendment grounds and for failure to grant a speedy trial. “In our view, the facts alleged do not establish any criminal offense,” said Mr. Ferrara. “This pro-life activist was peacefully exercising his First Amendment rights on a public sidewalk.” The motion is expected to be decided on May 24, 2006.

Pro-Life Jury Trial scheduled for May 22

ALLENTOWN, PA: ACLA attorneys will be representing pro-life activists as plaintiffs in a jury trial seeking damages against the City of Allentown for violation of the civil rights of the activists. The suit alleges that Allentown’s Police Chief, Assistant Police Chief and Mayor adopted a policy of using unwarranted criminal prosecutions to keep the pro-life advocates off the sidewalk an Allentown abortion mill.

Forty-one (41) prosecutions were initiated, and all of them ended in either acquittal or dismissal of all charges against the pro-life activists.

The trial is currently scheduled for May 22, 2006

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