‘Stunning misstep’: City blows it, fails to respond to charges it discriminates against pro-lifers
The fight over pro-life activists who want to protest near abortion businesses, displaying signs offering to adopt babies, and more, has gone on again and again across the United States.
Many times the battles are the result of ignorance on the part of city officials who fail to recognize that speech, in fact, is protected by the U.S. Constitution.
But the arguments often take up court time, and incur costs for those targeted anyway.
It appears that might not be the case in Carbondale, Illinois.
There, city officials cited in a lawsuit brought by the American Center for Law and Justice on behalf of pro-life activist Brandon Hamman have failed to respond to the accusations.
They only filed a motion for summary judgment, the ACLJ said, “without filing any responsive pleading to our complaint.”
“When the ACLJ filed suit to defend Brandon’s constitutional rights, we expected the city to file an answer denying our allegations. Instead, they made a critical procedural error that has blown their case wide open. … Under Federal Rule of Civil Procedure 8(b)(6), this means they have legally admitted to every single allegation we made against them. This changed everything.”
The legal team explained, “The city’s own lawyers have handed us a constitutional confession.”
It described the situation as a “stunning procedural misstep.”
Their admissions now include that they discriminate against religious speakers simply because they advocate for the sanctity of life.
The client, Hamman, “embodies the heart of the pro-life movement. As a dedicated Christian missionary and sidewalk counselor, Brandon serves through his ministry, Gospel for Life. His ministry offers hope and practical support to women facing crisis pregnancies. His work flows directly from his deep faith and belief in the sanctity of every human life,” the ACLJ reported.
He was peacefully displaying signs near an abortion business in Carbondale in April, signs that included “We will adopt your baby.” “Love your preborn neighbor as yourself” and more.
But Community Development Manager John Lenzini and city attorney Jamie Snyder targeted him.
They “declared that Brandon’s pro-life signs were ‘commercial’ and therefore prohibited and when he cited the First Amendment, Lenzini said he didn’t have that right.
They threatened him with citations.
“By failing to file an answer, the city of Carbondale has been forced to admit some truly damaging facts in our complaint,” the report said, including viewpoint discrimination, selective enforcement, denial of permit rights, and no legitimate safety concerns.
“These admissions are devastating. Now, the city could ask the court to relieve them of these admissions – but doing so would require them to publicly acknowledge their procedural mistake and demonstrate inexcusable neglect. Such a motion would be an admission that their legal team failed to follow basic federal court procedures, undermining their credibility before the very judge who will decide this case,” the legal team noted.
The case, the ACLJ said, represents a troubling pattern across the country, of “government officials weaponizing vague ordinances against pro-life Christians, while allowing other forms of expression to proceed freely.”
The judge handling the case now has been delivered a proposed motion for summary judgement that would declare Carbondale’s ordinance unconstitutional and an injunction preventing future discrimination.