A rather obvious case of the Justice Department mis-using the law to harass a peaceful pro life demonstrator has been settled. David Hamilton was handing out literature at EMW Surgical Center when he and a clinic employee collided. No one was injured.
The United States Department of Justice subsequently charged Mr Hamilton with a violation of the Freedom of Access to Clinic Entrances Act. The government sought $15,000 in fines and another $5,000 in penalties from Mr Hamilton.
Even though the case is over, the atmosphere of intimidation it created remains. I would guess that this was a harrowing experience for Mr Hamilton and that it has had a chilling effect on others. I also think that was the real reason the government filed this claim.
It’s worth noting that the Attorney General of the United States has monetary links to the abortion industry through a building owned by his wife, Dr Sharon Holder. According to news reports, Attorney General Holder’s wife was part owner of a building where an indicted abortionist had his clinic. You can read about that here.
A LifeNews.com article concerning this case reads in part:
LifeNews.com In a legal victory, the Obama administration has been stopped from targeting a peaceful pro-life advocate helping provide abortion alternatives to women heading to an abortion facility in Louisville, Kentucky.
In January 2010, David Hamilton was peacefully and lawfully handing literature to women entering EMW Surgical Center, an abortion clinic. He was not only interfered with illegally by abortion facility volunteers who locked arms to block him from talking to women, but he faced legal action from the Obama administration.
The Department of Justice prosecuted him for allegedly assaulting a volunteer who actually assaulted him. The “escort” attempted to forcibly block Hamilton to prevent him from sharing literature with women entering the clinic that explained other options to them.
Over a year after the date of the incident, rather than serving the clinic volunteer with a legal complaint for the illegal conduct, the Department of Justice served Hamilton with a legal complaint, alleging that he violated the Freedom of Access to Clinic Entrances Act. The Life Legal Defense Foundation, a pro-life legal group, stepped in to provide Hamilton with legal support in court. The Obama administration lawsuit sought a $15,000 penalty and $5,000 in compensatory damages.
Today, the Life Legal Defense Foundation, a pro-life legal group, informed LifeNews that, three years after being unjustly arrested and then unjustly sued by the federal government, pro-life sidewalk counselor David Hamilton has ultimately won. The case has been settled and dismissed without an injunction and without a fine.
“Metro Police appropriately dismissed the local criminal case but almost a year later, the Attorney General of the United States filed a lawsuit under the Freedom of Access to Clinic Entrances Act. This lawsuit was part of the campaign of intimidation brought by the Obama administration,” asserted attorney Vince Heuser. “The attorney general has filed numerous lawsuits against pro-lifers for trivial problems that should have been handled locally. Many of them have been lost already or settled for nominal sums. It has been a colossal waste of taxpayer money and an abuse of the rights of pro-lifers across the nation.”
The EMW Women’s Surgical Center in Louisville is the abortion business that was caught on videotape covering up a potential case of sexual abuse of a minor.
LifeNews Note: The case has been settled. LifeNews initially reported a judge dismissed the case. We have corrected this and regret the error.
(Read more here.)