DOJ Targets Pro-Life Demonstrators Outside Abortion Clinics
The lawsuit targets three pro-life activists who have previous convictions under the FACE Act.
The Justice Department has launched a new attack against five pro-life activists in the form of a civil suit for allegedly violating the Freedom of Access to Clinic Entrances (FACE) Act, a federal law prohibiting the physical obstruction of individuals trying to get an abortion. The FACE Act was enacted in 1994 and aims to ensure that women can access abortion services without facing barriers or pro-life protests. The law imposes criminal and civil penalties for violations, including monetary fines and imprisonment.
The lawsuit targets three pro-life activists, Calvin Zastrow, Eva Zastrow, and Chester Gallagher, who have previous convictions under the FACE Act. Federal prosecutors are seeking financial penalties of $20,516 for a first violation and $30,868 for subsequent violations. This stems from a pro-life protest in 2022 at a Fort Myers, Florida, abortion clinic. Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division stated, "Physically blocking those seeking or providing reproductive health services in order to impose their views is unlawful. The Justice Department will continue enforcing the FACE Act to protect against such obstruction". The lawsuit details that the five defendants, including Kenneth Scott and Katelyn Sims, trespassed at the Fort Myers Health Center on January 27, 2022, causing a temporary shutdown. They were in the facility's parking lot before it opened and allegedly protested as employees arrived for work.
The Lee County Sheriff's Office responded to reports of protestors preventing patients from accessing the clinic. Deputies informed the defendants they were trespassing and instructed them to leave. Still, the protestors continued to try and convince the patients to reconsider their planned abortions.
On June 14, 2023, four defendants were found guilty of trespassing, and Scott entered a nolo contendere plea on August 2, 2023. U.S. Attorney Roger Handberg stated, "The Justice Department ensures that individuals cannot pick which laws they wish to follow. We look forward to continuing to protect the rights of patients and providers to access reproductive health care". In a miscarriage of justice, Gallagher and Calvin Zastrow, along with four other defendants, are to be sentenced on July 2 for a 2021 protest at a Tennessee abortion clinic.
