Anti-War protest at Soldier's funeral - TOMORROW

Westboro Baptist Church & anonymous chatroom poster | 8/27/05 | LibertyRocks

[LibertyRocks]

HEADS UP: There is an anti-war protest planned by the Westboro Baptist Church in Martinsville, IN tomorrow during a Soldier's funeral.

I first heard about it was from a chatter earlier today on MSN chat who was requesting help with bail tomorrow. I subsequently visited the church's website and found confirmation of their plans.

The chatter stated that the entire town would be turning out for the funeral and that people are "ready and waiting" for these protestors. He also stated that he wasn't sure the local PD would protect these protestors. I am hoping cooler heads prevail...

Here is the info on the planned protest copied from the Westboro Baptist Site:

August 28, 2005 1:30 pm – 2:00 pm Martinsville, IN Neal & Summers Mortuary, 110 E. Poston Rd., for funeral of Army Staff Sgt. Jeremy W. Doyle

[topher]

Sounds like some folks can prosecuted under the F.A.C.E. Act.

Disruption of a Funeral Service is a religious event. Disrupting a Religious Event has the same penalties as blocking an abortion clinic.

If they try to disrupt the Funeral, then they are guilty of breaking this LAW.

If a person can get 10 years in jail and a $10,000 fine for blocking the entrance to an abortion clinic, the US Senate voted the same penalties for disruption of religious events.

Please get someone to be prepared to let local police know about this FEDERAL LAW!

[topher]

FACE Act specifics from:

FACE Act -- 18 U.S.C § 248 -- http://www.usdoj.gov/crt/split/facestat.htm

(a) Prohibited activities.--Whoever--

(2) by force or threat of force or by physical obstruction, intentionally injures, intimidates or interferes with or attempts to injure, intimidate or interfere with any person lawfully exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship; or

...

Additional information on the penalties:

(b) Penalties.--Whoever violates this section shall--

(1) in the case of a first offense, be fined in accordance with this title, or imprisoned not more than one year, or both; and

(2) in the case of a second or subsequent offense after a prior conviction under this section, be fined in accordance with this title, or imprisoned not more than 3 years, or both;

except that for an offense involving exclusively a nonviolent physical obstruction, the fine shall be not more than $10,000 and the length of imprisonment shall be not more than six months, or both, for the first offense; and the fine shall, notwithstanding section 3571, be not more than $25,000 and the length of imprisonment shall be not more than 18 months, or both, for a subsequent offense; and except that if bodily injury results, the length of imprisonment shall be not more than 10 years, and if death results, it shall be for any term of years or for life.

(c) Civil remedies.--

(1) Right of action.--

(A) In general.--Any person aggrieved by reason of the conduct prohibited by subsection (a) may commence a civil action for the relief set forth in subparagraph (B), except that such an action may be brought under subsection (a)(1) only by a person involved in providing or seeking to provide, or obtaining or seeking to obtain, services in a facility that provides reproductive health services, and such an action may be brought under subsection (a)(2) only by a person lawfully exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship or by the entity that owns or operates such place of religious worship.

(B) Relief.--In any action under subparagraph (A), the court may award appropriate relief, including temporary, preliminary or permanent injunctive relief and compensatory and punitive damages, as well as the costs of suit and reasonable fees for attorneys and expert witnesses. With respect to compensatory damages, the plaintiff may elect, at any time prior to the rendering of final judgment, to recover, in lieu of actual damages, an award of statutory damages in the amount of $5,000 per violation.

(2) Action by Attorney General of the United States.--

(A) In general.--If the Attorney General of the United States has reasonable cause to believe that any person or group of persons is being, has been, or may be injured by conduct constituting a violation of this section, the Attorney General may commence a civil action in any appropriate United States District Court.

(B) Relief.--In any action under subparagraph (A), the court may award appropriate relief, including temporary, preliminary or permanent injunctive relief, and compensatory damages to persons aggrieved as described in paragraph (1)(B). The court, to vindicate the public interest, may also assess a civil penalty against each respondent--

(i) in an amount not exceeding $10,000 for a nonviolent physical obstruction and $15,000 for other first violations; and

(ii) in an amount not exceeding $15,000 for a nonviolent physical obstruction and $25,000 for any other subsequent violation.

(3) Actions by State Attorneys General.--

(A) In general.--If the Attorney General of a State has reasonable cause to believe that any person or group of persons is being, has been, or may be injured by conduct constituting a violation of this section, such Attorney General may commence a civil action in the name of such State, as parens patriae on behalf of natural persons residing in such State, in any appropriate United States District Court.

(B) Relief.--In any action under subparagraph (A), the court may award appropriate relief, including temporary, preliminary or permanent injunctive relief, compensatory damages, and civil penalties as described in paragraph (2)(B).

[Uncle Vlad]

Actually, I'm hoping cooler heads will not prevail.

[topher]

Note that the F.A.C.E. Act provides for Civil Law Suits to institigated as well.

It is my strong belief that a cemetary is a place of religious worship, as is the Funeral Procession.

Any disruption at the Church, Cemetary, or during the procession, in my opinion, can be prosecuted under this law.

Maybe some Freeper lawyers can comment...

[sono]

"Have you left no sense of decency?"

Army Special Counsel Joseph Welsh to Sen. Joseph McCarthy

[sono]

I hope the police keep the demonstrators far far away.

[LesbianThespianGymnasticMidget]

These guys REALLY picked the worst town in Indiana to do this.

Elwood might have been a worse pick, but I am right with ya. These protestors have a death wish.

[Balding_Eagle]

Good work.

[RGSpincich]

Protestors beware.

http://usmilitary.about.com/od/jointservices/a/twentyonegun_2.htm

Anyone who is entitled to a military funeral (generally anyone who dies on active duty, honorably discharged veterans, and military retirees) are to the three rifle volleys, subject to availability of honor guard teams. As I said, this is not a 21-gun salute, nor any other type of "gun salute." They are simply three rifle volleys fired. The firing team can consist of any number, but one usually sees a team of eight, with a noncommissioned officer in charge of the firing detail. Whether the team consists of three or eight, or ten, each member fires three times (three volleys).

The three volleys comes from an old battlefield custom. The two warring sides would cease hostilities to clear their dead from the battlefield, and the firing of three volleys meant that the dead had been properly cared for and the side was ready to resume the battle.

The flag detail often slips three shell-casings into the folded flag before presenting the flag to the family. Each casing represents one volley.

[topher]

Thanks! I hope it might be a deter this type of activity. But it not, there are stiff penalties for violators.

Charges might still be brought -- even if prosecution fails. That would soak up some of the resources of these people just fighting legal action(s). And I would want multiple legal actions against these people.

FACE provides for Criminal Prosecution as well as Civil Suits.

[topher]

Note: I do consider the procession from a Church to the Cemetary to be part of a funeral (a solemn religious service).

Disruptions at the Church, during the procession, or at the Cemetary should be prosecuted with this law. President Reagan and conservatives in the US Senate put the Religious Service aspect of this law when it was being considered.

[Balding_Eagle]

Is it possible that charges could be brought against them for some of the recent funerals they've disrupted?

This seems like the simplest way to stop them.

[Souled_Out]

Gee, I hope we do not have anything like the Zoot Suit Riots again. </sarcasm>

[MizSterious]

Disgusted here, too. In point of fact, it's already happened to a funeral in our state (Oklahoma). These are the lowest of the low in the world of vermin. Had it been one of my loved ones being buried, I might be sitting in jail today.

[topher]

Sorry the response is a little long, but maybe other Freepers can help out (with pointing out key things).

The key to this is to have lots of camcorders taking video of the protestors (if there are 100 protestors, then 10 to 20 camcorders might be able to provide enough coverage). The camcorders hopefully will deter the protests from being disruptive. If the protestors disrupt, for example, the funeral procession with foul language, that would need to be videotaped for possible prosecution.

This would be used as evidence. But also, it can used for other reasons (identifying those involved).

Since people are taking video of these people for possible criminal prosecution, the protestors cannot object to this. And it may make them less disruptive if they know they are being filmed.

Evidence is necessary for prosecution. As for other disruptions, if video is found, there should be no problem with proceeding with prosecution. Or provided there is evidence for prosecuting these people. US Dept of Justice is obliged to work on these cases -- since it is a Federal violation.

The videotaping of other people (non-protestors) can be objected to and possibly have the camcorders seized of the protestors. They would not have a right intruding into the private lives of people. They are the ones making a public protest, and must have permits for "the right of assembly".

I have heard that people that might break the law are less willing if they know they are being videotaped.

But these lunatics may ignore the videotaping because of their extreme beliefs.

So the videotaping is a means of protecting people and helping bringing law breakers to justice.

Some Freeper lawyers can comment better than me. But the local police department might be able to give better advice than this.

And it is always good to have people videotaping with at least a pair of camcorders -- in case they try to destroy one of the camcorders. Think of this as a military operation where the camcorders are important in protecting and also providing "offensive capabilities" -- bringing the protestors to justice.

God bless!

[RDTF]

Besides finding a way to shut these idiots up, why can't these families sue them for all this pain and suffering? Emotional distress? Hit em in the pocket.

[Abathar]

I live here in Martinsville, my business is just around the corner from Poston Rd. they have the road closed now. The idiots from Westboro Baptist Church are picketing outside the funeral home now, there are cops everywhere also. For anyone who doesn't know about Martinsville it is NOT the place for these people to be gathering, I am not saying it will get violent here, but after living here for 10 years I won't be surprised if things get VERY out of hand soon. Our whole family will be there until it is over, I will post what happens in a couple of hours/

[Abathar]

I live in Martinsville, I am going to the rally now. I have a feeling that things will get ugly, there has been a lot of talk around town, my mother is on very good terms with the mayor and other people and they are very worried things could go very bad today. I am leaving now to go to the procession, I will post later how it goes.