Alliance Defending Freedom is threatening to sue Charlotte, North Carolina, if the city government does not drop criminal charges pending against Christian activists who were arrested while gathered in prayer outside an abortion clinic last weekend.
David Benham, president of the pro-life nonprofit Cities4Life, posted on social media a video of his arrest on Saturday after he was praying with other pro-life activists outside A Preferred Women’s Health Center of Charlotte. Mr. Benham has maintained that he complied with various emergency orders and proclamations while praying outside the facility with a handful of fellow pro-life activists.
ADF, a Christian nonprofit law firm focused on religious and civil liberties, sent a letter demanding Charlotte’s government drop the charges against the Christian activists or face litigation for violating their First Amendment rights.
“It is imperative that this situation be corrected immediately to avoid unnecessary litigation in federal court,” wrote Kevin Theriot, ADF senior counsel. “Please instruct any City of Charlotte officers or employees to drop all criminal charges pending against my clients and discontinue their interference with their right to engage in assembly, prayer, counseling, and other expressive activities on public property. As you know, the violation of an individual’s constitutional rights, even for a moment, represents irreparable injury.”
ADF’s letter requested a response by Friday, after which time Mr. Theriot wrote that he would instruct Mr. Benham and the other activists that are facing charges to take legal action against the city government.
“My desire is simply to do what I am legally permitted to do under the emergency orders that are in place, and that’s what I and the others have taken great care to do,” said Mr. Benham in a statement. “It makes no sense that someone can walk or ride a bike down a sidewalk, but a person can’t walk and pray there. It makes no sense that an abortion business can stay open to offer purely elective abortions during the COVID-19 pandemic but social service charity volunteers can’t pray and offer material support outside while obeying the emergency order and proclamation.”
Charlotte’s office of the city attorney did not immediately respond to request for comment on ADF’s threatened lawsuit.
• Ryan Lovelace can be reached at rlovelace@washingtontimes.com.
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