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Detroit Police Dept. Acknowledges Pro-Life Advocate’s Right to Demonstrate in Federal Lawsuit

October 29, 2008 by

KRTCAMPUS LIFE FAMILY ABORTION DEBATE SUPREME COURT MARCH DEMONSTRATIONANN ARBOR, MI – The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, announced today that a federal lawsuit it brought on behalf of Dr. Monica Miller, a pro-life activist, against the Detroit Police Department, was settled after the Detroit Police Department acknowledged in court that citizens have a right to peacefully protest on public sidewalks.

As part of the court settlement, the ticket against Dr. Miller was dismissed with prejudice and the City of Detroit agreed to pay costs to the Thomas More Law Center in the amount of $1,593.00.

The Law Center filed the lawsuit in the Detroit Federal District Court in September 2006, after the Detroit police issued Dr. Miller a ticket, told her to go home, and threatened her with arrest while she was engaging in peaceful pro-life activities.

At the time, Dr. Miller and others were engaged in a peaceful counter-demonstration near a pro-life pregnancy center that was being picketed by pro-abortion protestors.  Miller called for police assistance when she witnessed pro-abortion protestors assaulting a pro-life protestor.  When the police arrived, they told Dr. Miller she had to march in a circle in the same area as pro-abortion demonstrators and that her pro-life poster violated Detroit’s sign ordinance.  When Miller objected, she was ticketed for violating the sign ordinance and “failing to obey a lawful order.”

Richard Thompson, President and Chief Counsel of the Thomas More Law Center commented, “Monica Miller is one of those courageous Christian women imbued with the spirit of the Gospel and unafraid to proclaim her pro-life convictions regardless of the situation.”

Brandon Bolling, the Law Center’s attorney who represented Dr. Miller before the Federal District Court, commented, “Dr. Miller is pleased that the Law Center was able to protect her First Amendment rights to protect life. Our lawsuit put the Detroit Police Department on notice that there are consequences for disregarding the First Amendment rights of those who speak out on behalf of the unborn.”

The Thomas More Law Center defends and promotes the religious freedom of Christians, time-honored family values, and the sanctity of human life through education, litigation, and related activities.  It does not charge for its services.  The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization.  You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

Filed Under: Uncategorized

Court Upholds Harassed Sixth Grader’s Right to Wear Pro-Life T-shirts

October 28, 2008 by

imag252ANN ARBOR, MI — A Federal Judge in Minnesota has signed a Stipulated Permanent Injunction this month, allowing a sixth grade student of the Hutchinson Middle School, located in Hutchinson, Minnesota, to wear his pro-life t-shirts to school.

The sixth grader, referred to in the lawsuit as “K. B.” because of his age, is a Christian who wore several different pro-life t-shirts to school to proclaim his belief that abortion is the wrongful taking of an innocent life and a grave offense to the Law of God.

However, the principal and several teachers, on over a dozen occasions during April 2008, told “K. B.” not to wear the t-shirts, publicly singled him out for ridicule in front of his classmates, removed him from class, sent him to the principal’s office, forced him to turn his pro-life t-shirt inside out, and threatened him with suspension if he did not stop wearing the offending pro-life t-shirts.

As a result of the School District’s actions, the Thomas More Law Center, a national public-interest law firm, based in Ann Arbor, Michigan, filed a federal lawsuit against the school in June of this year alleging that the sixth grader’s constitutional rights had been violated.

Richard Thompson, President and Chief Counsel of the Law Center, commented, “This young Christian was not afraid to stand up for his pro-life beliefs despite ridicule and threats from school officials.   We are pleased we were able to vindicate his Constitutional rights. ”

During the period in question, “K. B.” wore three different t-shirts, produced by the American Life League, a national pro-life advocacy group.  The t-shirts contained such pro-life messages as, “Abortion… growing, growing, gone” (pictured above), “What part of abortion don’t you understand?” and “Never Known – Not Forgotten.”

The Thomas More Law Center was assisted by Minnesota attorney Paul Taylor, an affiliated attorney with the Law Center.

In addition to the permanent injunction prohibiting the school from banning the pro-life t-shirts, the School District agreed to pay the sixth grader nominal damages, as well as $12,500 to the Law Center in attorney fees.

Brandon Bolling, the Law Center attorney assigned as lead counsel stated, “This is a great victory for freedom of speech and the pro-life movement.”

The Thomas More Law Center defends and promotes the religious freedom of Christians, time-honored family values, and the sanctity of human life through education, litigation, and related activities.  It does not charge for its services.  The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization.  You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

Filed Under: Uncategorized

Hundreds Gather Support of Citizen Referendum to Overturn Anti-Religious Ordinance in Hamtramck, MI

October 28, 2008 by

imag220ANN ARBOR, MI – As a sign of tremendous grassroots support, hundreds of citizens representing various religious faiths and businesses gathered at the Knights of Columbus Hall in the small community of Hamtramck, Michigan, to listen to speakers denounce an ordinance enacted by their city council in June of this year, which gives special rights to homosexuals and so-called “transgendered” individuals.  The rally, sponsored by “Hamtramck Citizens Voting No to ‘Special Rights’ Discrimination,” took place on October 12th.

The challenged ordinance makes it legal for men who perceive themselves as women to use women’s bathrooms in any school, business, or public facility.   In classic Orwellian doublespeak, the ordinance defines such behavior as “Natural Rights of Hamtramck Residents.”  Under the ordinance, any attempt to prevent such activity would subject the person to investigations, criminal prosecution, civil litigation, and fines of potentially five hundred dollars per day.

The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, represents the citizens group.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center stated, “According to the ordinance passed by the city council, people of faith who oppose homosexuality and transgenderism will be in danger of prosecution.  Radical homosexual activists are now importing Canadian-type laws which are used to prosecute religious leaders who speak out against homosexuality and transgenderism.  Canada has used laws similar to Hamtramck’s to bully and prosecute Catholic priest Father Alphonse de Valk and Protestant youth pastor Stephen Boissoin, for merely proclaiming the objective truths of their faith regarding homosexuality.”

Thompson continued, “Hamtramck’s draconian provisions for investigation, prosecution, and civil actions with treble damages and attorney’s fees to force businesses, schools, and religions to accept this bizarre behavior would make any totalitarian regime envious.”

Speakers not only emphasized the anti-religious aspects of the ordinance, but also listed their public safety concerns with potential abuse by men who claim they are women.

At a rally and press conference held in front of the Hamtramck City Hall on July 29th of this year, leaders of the petition drive to overturn the ordinance announced that over a thousand signatures were gathered, more than twice the amount needed to place the initiative on the ballot.

Some of the more disturbing aspects of the ordinance include:

  • Excessive entanglement by the city in internal aspects of religious organizations.
  • Men being allowed to use women’s restroom facilities and other facilities specifically designated for women.
  • To even question men on the propriety of them using the women’s facilities—whether dressed as a women or not—could be grounds for a discrimination complaint, $500 fine for each day this occurs, and a civil lawsuit.
  • Men dressed as women teaching your grade school children.
  • Civil litigation to force businesses, schools, and even religions to conform and accept these deviant lifestyle choices.

The Thomas More Law Center defends and promotes the religious freedom of Christians, time-honored family values, and the sanctity of human life through litigation, education, and related activities.  It does not charge for its services.  The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization.  You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

Filed Under: Uncategorized

Court Upholds Harassed Sixth Grader’s Right to Wear Pro-Life T-shirts

October 28, 2008 by

imag252

Please read our press release HERE.

Please send to friends and family.

This is a great victory for freedom of speech and the pro-life cause.  Your donations are the main reason we are able to fight for Christian’s constitutional rights.

Navy-Marine Corps Court of Criminal Appeals Hears Oral Arguments in U.S. vs. LtCol Chessani Case

October 20, 2008 by

chair

Please read our Press Release about last Firdays happenings HERE.

Please forward to friends and family.

TMLC wants to thank all of those that have been praying and donating to help LtCol Chessani and our attorneys.  Robert Muise did a great job on Friday.

Navy-Marine Corps Court of Criminal Appeals Hears Oral Arguments in U.S. vs. LtCol Chessani Case

October 20, 2008 by

imag238  ANN ARBOR, MI – Last Friday, October 17th, observers in a packed courtroom filled mostly with Marine officers, intently listened as a Navy appellate lawyer asked the three-judge panel of black-robed Navy officers to reinstate the criminal charges against Marine LtCol Jeffrey Chessani. The location was the Navy-Marine Corps Court of Criminal Appeals located at the Navy Yard in Washington, DC.

At issue was a ruling earlier in the year by military judge Col Steven Folsom, USMC, who dismissed all of the charges against Chessani on grounds of Unlawful Command Influence.

LtCol Chessani, a twenty-year Marine veteran, with three tours of duty in Iraq and considered one of the nation’s top combat commanders, sat quietly in the courtroom and listened to the give and take between the lawyers and the panel of judges as they dissected the law concerning his case.

Robert Muise, an attorney with the Thomas More Law Center, a national public interest law firm, based in Ann Arbor, Michigan, argued the case on behalf of LtCol Chessani. The Law Center has been defending Chessani throughout his prosecution alongside his detailed Marine lawyers, LtCol John Shelburne and Captain Jeff King.   Captain Kyle Kilian, a Marine appellate defense lawyer who assisted in the appeal, sat at counsel table with Muise.

imag239Chessani is the highest ranking officer facing criminal charges as a result of the much-publicized and ill-described “Haditha massacre.”  The criminal charges against him stem from a legitimate combat action taken by four enlisted Marines in his command after they were ambushed by insurgents in Haditha, Iraq, on November 19, 2005. Their actions resulted in the deaths of several ambushing insurgents.  Unfortunately, several civilians were also killed in the house-clearing operation.

Even though Chessani wasn’t present during the incident, he was criminally charged with failing to launch a full investigation into the incident. If convicted, he faces 2 ½ years imprisonment, dismissal from the Corps, and loss of all of his retirement pay.

Each side was allotted 30 minutes to present their case.  Both sides presented spirited arguments to a fully engaged panel of judges, which peppered both lawyers with questions.  Many times appellate judges’ questions reveal concerns they personally have with the legal issues involved.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, observed the oral arguments.  Said Thompson, “Clearly, the court had a command of the facts and legal issues of the case.  They seemed concerned with the appearance of unlawful command influence due to the fact that Col John Ewers, the legal advisor to the convening authority, General James Mattis, sat in on hours of discussions the General had with military lawyers concerning the Haditha prosecutions.  Col Ewers personally interrogated Chessani during the investigation and co-authored the infamous ‘Bargewell Report’ which became the basis of the Haditha prosecutions.”

imag240Thompson went on to say, “As a portends of a possible problem for the prosecution, seconds after the Government lawyer began his oral argument to reinstate the criminal charges, he was interrupted by the court and asked whether the court even had jurisdiction to hear the case because of a delay in filing the record of trial.  However, the primary concern of the judges seemed to be the appearance of unlawful command influence. The judges were also concerned that the government simply did not meet its burden of proving beyond a reasonable doubt that there was not unlawful command influence.  As Col Folsom explained in his ruling, the government only called two witnesses.”

It could take the Navy-Marine Corps Court of Criminal Appeals several months to render a decision in this case.  Its decision could then be appealed to the Court of Appeals for the Armed Forces (CAAF) and then even to the U.S. Supreme Court.

Because the dismissal of charges against LtCol Chessani was “without prejudice,” indications are that even if the Government lost all its appeals, it would simply recharge him.

The Thomas More Law Center defends America’s Christian heritage and moral values, including the religious freedom of Christians, time-honored family values, and the sanctity of human life through litigation, education, and related activities.  It does not charge for its services.  The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization.  You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

Filed Under: Uncategorized

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