09/03/2024 / By Laura Harris
The Department of Justice (DOJ) has continued to persecute peaceful pro-life protesters as prosecutors in Pennsylvania and New York filed new cases against alleged members of the Red Rose Rescuers.
On Aug. 26, the DOJ filed a civil lawsuit in the Eastern District of Pennsylvania against Matthew Connolly for allegedly barricading himself inside one of the bathrooms of a reproductive health clinic in Philadelphia on Aug. 27, 2021. This caused the clinic to shut down for the day for local police intervention and the rescheduling of approximately 44 appointments.
The lawsuit claims Connolly violated the Freedom of Access to Clinic Entrances (FACE) Act, a federal law that prohibits the use of force, threats or physical obstruction against individuals seeking or providing reproductive health services. Additionally, the lawsuit seeks monetary penalties and injunctive relief under the said act. (Related: 6 Pro-lifers CONVICTED for peaceful protests, could face 10 years behind bars.)
Moreover, DOJ Civil Rights Division Assistant Attorney General Kristen Clarke argued that Connolly “engaged in conduct calculated to shut down a reproductive health clinic for an entire day, forcing the evacuation of the clinic’s patients and obstructing access to reproductive health services.”
Meanwhile, New York Attorney General Letitia James filed a “Memorandum of Law in Support of Motion for Contempt” to enforce a 2023 injunction intended to keep Red Rose Rescuers at least 15 feet away from abortion clinics. The injunction cites repeated actions by Bernadette Patel, who has allegedly violated the 15-foot limit at various clinics.
In response to the lawsuit against Connolly, Director of Citizens for a Pro-Life Society Monica Migliorino Miller argued that Red Rose Rescue did not violate the FACE Act.
“This lawsuit against Matthew Connolly is another instance of a weaponized Department of Justice obsessed with persecuting non-violent pro-lifers who seek to simply defend unborn children scheduled for the violent act of abortion and offer help and compassion to their mothers,” Miller said. “Let’s be clear. Red Rose Rescues do not violate the Freedom of Access to Clinic Entrances Act. Those who participate do not physically obstruct or interfere with anyone’s freedom of movement!”
“Moreover, it is highly likely that the FACE law is unconstitutional. The DOJ is attempting to twist and stretch the language of this bad law to try and make what Red Rose Rescuers actually do fit that language. If we were living in a world based on objective reality it is the so-called doctors who kill the innocent unborn who would be prosecuted, not those who honor the sanctity of life and seek to protect the innocent,” Miller added.
Miller also criticized the lawsuit against Patel. She called it “one of the most bogus lawsuits ever” and contended that the preliminary injunction only restricts individuals to violate the FACE Act.
“Bernadette Patel, who allegedly went within the ‘prohibited zone’ was well within her First Amendment rights – trying to reach out to women ready to kill their unborn children,” Miller said. “She had no intention of conducting a Red Rose Rescue and didn’t conduct one. Moreover, Patel is not a ‘member’ of Red Rose Rescue – as Red Rose Rescue is not a formal group, it has no members, and she certainly was not reaching out to moms at NY area abortion centers as a member of Red Rose Rescue.”
According to Miller, Patel was conducting her completely independent pro-life activity, adding that Red Rose Rescue is a particular type of pro-life rescue activity. It is not an organization with members.
“Our attorneys are confident that this complaint will be thrown out, as it should be. Hasn’t James better things to do with her time and New York taxpayer money,” she pointed out.
Similarly, Erin Hawley, the vice president of the Center for Life and Regulatory Practice at Alliance Defending Freedom (ADF), argued that the FACE Act “has been politicized and abused to target peaceful pro-life advocates.” Hawley called on the DOJ to focus on protecting pro-life pregnancy centers instead of targeting them.
Additionally, many Republican lawmakers argue that the Biden administration selectively enforces the FACE Act against pro-lifers while neglecting to prosecute attacks on pro-life pregnancy centers and churches.
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