Judge rejects attorney general’s request for injunction against Denver area pro-lifer

DENVER, Jan. 27, 2012 /Christian Newswire/ — On Jan. 26, Thomas More Society attorneys defeated a request by U.S. Attorney General Eric Holder for a preliminary injunction against longtime Denver area pro-life activist Ken Scott.

After a full-day hearing, U.S. District Judge Philip A. Brimmer ruled that the Attorney General would not be reasonably likely to prove at trial that Scott physically obstructed employees of the Planned Parenthood of the Rocky Mountains abortion facility in Denver. 

The Attorney General has asserted ten separate violations of the Freedom of Access to Clinic Entrances (FACE) Act against Scott, seeking a $10,000 fine against him and an injunction to keep him 25 feet away from the facility.

“This is the latest in a series of meritless, harassing lawsuits filed by the Obama Administration that seek to squelch peaceful pro-life advocacy on public sidewalks outside abortion providers,” said Peter Breen, executive director and legal counsel for the Thomas More Society. “In this case, the Attorney General presented no evidence that Mr. Scott injured, intimidated, or did anything other than speak to folks who willingly decided to stop their cars to talk with him. Assigning five taxpayer-funded prosecutors from Washington, D.C. to attack one peaceful man exercising his free speech rights is a colossal waste of money, uncalled for at any time, much less at a time of record government deficits, not to mention the Government’s gross insult to the First Amendment.”

Ken Scott is a “sidewalk counselor” who offers pro-life literature, advice about nearby pregnancy resource centers, and other pro-life counseling and advocacy to individuals patronizing the Planned Parenthood of the Rocky Mountains abortion facility in Denver. United States v. Scott is one of many recent FACE Act lawsuits brought by the Obama Administration and its Attorney General, Eric Holder, against local sidewalk counselors. The Attorney General’s primary legal theory is that a car that stops to speak to a sidewalk counselor constitutes a “physical obstruction” of access to an abortion facility and a violation of the FACE Act, punishable by a $10,000 fine and an injunction against sidewalk counseling at a particular facility.

Judge Brimmer’s ruling held that the brief delays experienced by cars waiting for others to finish their conversations with Ken Scott were not the kinds of “unreasonable delays” contemplated by the FACE Act. Judge Brimmer also held that the balance of the equities weighed in favor of Ken Scott.

Representing Ken Scott in the United States District Court were Peter Breen of the Chicago-based Thomas More Society, a national public interest law firm, and Rebecca Messall and Monica Flanigan of Denver’s Hackstaff Law Group, LLC. Ms. Messall, in addition to conducting her private law practice, has been CEO of the National Lawyers Association, a pro-life legal group, for the past two years and also served as board chair for Denver Catholic Charities.

 

READER COMMENTS

Posted Monday, January 30, 2012 12:21 AM By Catherine
The road to hell is paved with “fast and furious” intentions!

Posted Monday, January 30, 2012 6:59 AM By JMJ
Obama & Holder (along with most of Congress) are true blights on God & this country that God has given us. How much longer before this country will be listed on the vanished country list? Obama has DECLARED WAR on all that is good & Holy & OBAMANISM JUST HAS TO BE STOPPED!!! Every person that is pro-life is an enemy to Obama’s country & he has been warning the police departments that we are dangerous & have to be controlled. For those of us that are in our twilight, we are well aware of where this mad-man gets his “ideas”: Hitler!! +JMJ+

Posted Monday, January 30, 2012 1:30 PM By Fr.Michael Perea
Is there any way I can get this article posted on my FACEBOOK? This is good news. I salute the gutsy lawyers of the St.Thomas More Society for defending Mr.Scott.. Thank you California Catholic for posting this article.

Posted Tuesday, January 31, 2012 10:24 AM By Abeca Christian
God bless St. Thomas More Society! God bless Mr. Scott!

Posted Tuesday, January 31, 2012 10:54 PM By JLS
Calif Congressman Issa is about to slap Holder with a contempt of Congress charge on the gun running issue.

Posted Wednesday, February 01, 2012 4:48 PM By Anne T.
Thank you St. Thomas More, both the society and the Saint.

Posted Saturday, February 04, 2012 2:05 PM By markrite
First the positive comment: what a GREAT VICTORY for pro-life & God Bless the St. Thomas More Society for their sterling work on behalf of this pro-life fellow Scott. I’ve contributed to them in the past & will certainly do so in the future. Now the negative comment: every time I lay my eyes on a photo of Holder my blood boils; his outrageous arrogance and prevarications are becoming the stuff of legend! As witness his demeanor in the “FAST & FURIOUS” gun controversy that resulted in the murder of Brian Terry, Border Patrol agent, and literally EVERYONE KNOWS by this time the part he as attorney general played in it. This man should be frog-marched from Justice and prosecuted for his HIGH CRIMES, in my opinion, for his lies and coverups in this matter. He’s totally INCOMPETENT at best, and an accomplice to murder, maybe NOT EVEN worst; how about his high-handed DISMISSAL of charges against the BLACK PANTHER THUGS who menaced voters back east during the elections of’08? Which brings me to my final thought: the upcoming election for President this year in November MAY BE the most CRUCIAL in American history. You’d have to be a delusional moron not to know what forces of evil ( and I do mean from, in part, HELL ITSELF) will be arrayed against WHOEVER the final candidate against Obama turns out to be. And that’s partly because the MENDACIOUS LAME-STREAM MEDIA will be OUTDOING themselves spinning and prevaricating on behalf of “”he who calms the waters”, etc., ad nauseum, the Obummer himself. Much prayer and fasting will be needed to see us through this VERY TRYING period in American history. May our HOLY LADY MARY, MADRE DIOS, CO-REDEMPTRIX OF HUMANITY, pray for us as we pass through the coming storm. GOD BLESS ALL, MARKRITE

Posted Sunday, February 05, 2012 1:01 PM By Anne T.
In my state, California, anyone can vote by mail if they apply in time. You can fill out your ballot at home, mail it in or take it to the Voter Registrar’s Office and put it in an outdoor or indoor box.