Judge Denies Oakland's Request to Deny Pro-Life Pastor's Free Speech Rights

Life News ^ | 8/27/09 | Steven Ertelt

[wagglebee]

Oakland, CA (LifeNews.com) -- A judge has denied a motion form officials with the City of Oakland to permanently prevent a pro-life pastor from presenting abortion alternatives to women outside an abortion center. Pastor Walter Hoye has been fighting with the city over the black minister's efforts to reach out to local women.

Hoye had appeared outside the Family Planning Specialists abortion center until the city council approved an ordinance that targets the free speech rights of pro-life advocates.

It places a “bubble zone” in place within eight feet of women entering any local abortion business.

Attorneys from the Life Legal Defense Foundation, a pro-life legal group, challenged the law in court as an unconstitutional infringement on the First Amendment rights of Hoye and other pro-life advocates.

After initially losing his case and spending weeks in prison, Hoye received a victory.

This week, Judge Stuart Hing denied the Alameda County District Attorney's motion for an injunction against him. Oakland officials had sough to permanently ban Hoye from going within 100 yards of the Family Planning Specialists abortion center.

In his five-page ruling, Judge Hing defended various legal rulings he made during Rev. Hoye's trial, but ultimately concluded that the court lacked jurisdiction to impose the injunction because Hoye's conviction and sentence are already on appeal.

Attorneys for Hoye said they don't know whether this ruling will finally put an end to the city's efforts to prevent him from offering help to women.

"These political prosecutions are quirky,' LLDF-affiliated attorney Mike Millen told LifeNews.com on Thursday. "While the DA's office seems to be working overtime concocting ways to silence Mr. Hoye, there is a limit."

"It is not clear whether they are willing to spend many more tax dollars chasing a pro-lifer whom even escorts admit is a kind, gentle man," Millen said.

Millen, who also represents Hoye in the federal civil lawsuit challenging the constitutionality of the ordinance, said that a motion to stay enforcement of the ordinance pending appeal will be filed shortly.

Earlier this month, a federal court upheld the law as constitutional and set the stage for an appeal and a battle at the Ninth Circuit Appeals Court.

[wagglebee]

"It is not clear whether they are willing to spend many more tax dollars chasing a pro-lifer whom even escorts admit is a kind, gentle man," Millen said.

The left will spend ANYTHING to silence the pro-life movement.

[wagglebee]

Pro-Life Ping

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[Mr. Lucky]

May God continue to bless this brave man.

[Jo Nuvark]

P R A I S E ... G O D ! ! !

[Freedom'sWorthIt]

Yes the pro-death left will do that.

[Marie2]

Great news, I am so proud of this guy.

[Bellflower]

We need to set up mobile big flat screens with videos of babies in the womb right outside of these murderous centers.

[terycarl]

the happiest people on earth, on the demise of Ted Kennedy, are the unborn. I don’t think he ever voted to protect them unlike the baby seals who were being killed for their pelts. He referred to those seals as the most helpless and innocent among us who deserve our protection.....he was a pathetic soul who has a lot to account for where he is..

[TStro]

I’ve got a feeling Teddy’s in a much warmer place tonight. God rest Mary Jo’s soul.

[CommerceComet]

The City of Oakland should ask for a change of venue to New Hampshire. Clearly, this guy is too serious in his religious views and needs to spend some time in public schools to learn other perspectives.

BTW, if you don't have an idea what I am talking about, you skipped the thread on the story of the judge who ordered a homeschooling child to attend public schools because she was too sincere in her beliefs.

[Bellflower]

The amazing thing is that Kennedy use to be pro life:

Kennedy displayed an eloquent pro-life position in 1971, prior to Roe v. Wade, when he wrote a letter to Catholic League member Tom Dennelly.

“While the deep concern of a woman bearing an unwanted child merits consideration and sympathy, it is my personal feeling that the legalization of abortion on demand is not in accordance with the value which our civilization places on human life. Wanted or unwanted, I believe that human life, even at its earliest stages, has certain rights which must be recognized—the right to be born, the right to love, the right to grow old," he wrote.

“On the question of the individual’s freedom of choice there are easily available birth control methods and information which women may employ to prevent or postpone pregnancy. But once life has begun, no matter at what stage of growth, it is my belief that termination should not be decided merely by desire," he added.

“When history looks back to this era it should recognize this generation as one which cared about human beings enough to halt the practice of war, to provide a decent living for every family, and to fulfill its responsibility to its children from the very moment of conception," he concluded.

From:Lifenews.com- http://www.lifenews.com/state4373.html

[TheFourthMagi]

The First Amendment > “bubble zones”

[TheFourthMagi]

Kennedy sold his soul to the abortion queens.

[Spacetrucker]

and then, for effect, split screen a healthy newborn next to a sonogram of an actual abortion taking place...

[Bellflower]

Good point. If there is one things most Americans can’t resist it is watching TV.

[Albion Wilde]

"It is not clear whether they are willing to spend many more tax dollars chasing a pro-lifer whom even escorts admit is a kind, gentle man," Millen said.

God bless Pastor Hoye!