The problem with litigation with the Phelps, they have bred multiple lawyers within their ranks. Fred Phelps is disbarred (probably still so, but I'm unsure of current Bar status)but several others are viraciously litigious. They fight dirty, even according to local courts.
See http://www.splcenter.org/intel/intelreport/article.jsp?sid=184
http://ourworld.compuserve.com/homepages/michael_haggerty/expose3.htm
http://www.frontpagemag.com/Articles/ReadArticle.asp?ID=21229
1988
Phelps provides rooms for Democrat Al Gore's presidential campaign workers. Though the Phelps-Gore connection will grow increasingly distant, Phelps' oldest son, Fred Jr., is invited to the first Clinton-Gore inauguration in 1993.
By 1998, Gore will be seen as such an enemy by WBC that its members picket the funeral of Gore's father.
I'm curious if there is actually a law against "inflicting emotional harm" and, if so, what is the penalty / remedy if found guilty.