ACLJ Protecting Pro-Life Sidewalk Counselors, Lawsuit Filed

When one thinks of those who prevent women from learning the truth about abortion, one generally thinks about Planned Parenthood, not the police. Yet, that is what’s happening in Fort Myers, Florida, prompting the filing of a lawsuit by the American Center for Law & Justice (ACLJ).

This week the ACLJ sued the City of Fort Myers and one of its police officers for preventing pro-life sidewalk counselors from communicating with women going into and out of a local abortion clinic. Unfortunately, this is not the first time the City and its police department have tried to stop sidewalk counselors from providing women with information about abortion and post-abortion healing.

In our lawsuit, the ACLJ represents Judith Minahan and JoAnn O’Connell who regularly sidewalk counsel outside the Fort Myers Women’s Health Center, a local abortion clinic.

Mrs. Minahan previously sued the City in 2004 because the City had been requiring pro-life advocates to get a permit before they could sidewalk counsel in front of that abortion clinic. Even with a permit, the City did not allow sidewalk counselors to stand still on the public sidewalk (they were required to keep walking) and prevented counselors from handing out abortion-related literature to those driving into and out of the clinic’s parking lot who wanted to receive the information.

Two years after Mrs. Minahan had prevailed in that 2004 lawsuit, the City again began interfering with her constitutional rights and those of other sidewalk counselors outside that same abortion clinic until the City received a “cease and desist” letter from her attorney.

Recently, the City has resumed its efforts to interfere with sidewalk counselors. The City is now claiming the sidewalk counselors are “loitering” on the public sidewalk outside that abortion clinic if they stand still (even to pray) or if they speak with or hand literature to those in vehicles who are entering or leaving the clinic parking lot and who want to receive the information.

In our lawsuit, we are challenging the constitutionality of the City’s loitering ordinance, which we believe is vague and allows for arbitrary enforcement by the police. We are also challenging the City’s policy and practice of restricting the First Amendment activities of sidewalk counselors in front of the abortion clinic.

We will continue to keep you posted on this lawsuit.