Eight members of the Love Life Christian ministry were arrested outside a Greensboro abortion clinic on March 28, 2020, the day after local officials had adopted a COVID-inspired public health proclamation that banned “mass gatherings” of 10 people or more, required patrons to walk to exempted businesses allowed to remain open, and stipulated that social distancing was to be maintained at all times during all activities.
Violation of the proclamation could result in up to 60 days in jail and fines of as much as $1,000.
The eight Love Life ministry volunteers were told that they were being arrested because they had violated the proclamation’s travel requirements, “[traveling] to a non-essential function/[purpose].”
The volunteers, who were represented by the ADF, had ensured that no more than eight individuals were involved in the praying at any one time and had maintained social distancing at all times.
They also told the court that they sought “redress for violations of Plaintiff Individuals’ Fourth Amendment rights to be free from unlawful stop, unlawful arrest, and unlawful detention” that resulted from enforcement of the anti-COVID-19 proclamation.
The volunteers agreed to withdraw their litigation in light of the city’s settlement agreement.
“According to Greensboro officials, praying while walking was not allowed because of COVID-19. Clearly, this case was never about public health and safety; it was about the government silencing people because it didn’t like what they had to say,” ADF senior counsel Denise Harle, director of the ADF Center for Life, said in a statement announcing the settlement.
“That said, we commend the city for finally agreeing to respect the free speech rights of Love Life members and acknowledge their freedom to pray and speak in the public square, just like every other citizen’s.”
The text of the settlement wasn’t published, but ADF described its major terms in the statement.
“As part of the settlement, the city agreed that the First Amendment protects engaging in pro-life advocacy on public sidewalks and further agreed to uphold citizens’ First Amendment rights in any future proclamation order related to a public health emergency like COVID-19,” the statement reads.
“Based on the city’s admission of wrongdoing and guarantees of future protections, the pro-life advocates—members of the Christian, pro-life ministry Love Life—agreed to forgo seeking damages from the city.
“The Love Life members include Justin Reeder, Carl Ubinas, Jason Oesterreich, Isaiah Burner, Andre Gonzalez, Leroy Stokes Jr., Richard Whittier, and Jon McAtee.
The Greensboro settlement comes in the wake of the arrest of 11 individuals for allegedly violating the federal Freedom of Access to Clinic Entrances Act (FACE) at a Tennessee abortion clinic.
The FACE Act bars obstructing people from obtaining “reproductive health services,” including abortions.
If convicted, those charged with conspiracy face up to 11 years in prison and a fine of up to $250,000. Those charged with FACE Act violations face up to a year in prison and a fine of up to $10,000.
