DENVER, March 22, 2012 /Christian Newswire/ — Today, Thomas More Society attorneys secured agreement from the U.S. Attorney General‘s office to dismiss all of the civil charges pending against Denver pro-life advocate Kenneth Scott, who had been accused of physically obstructing clients and employees of the Planned Parenthood of the Rocky Mountains abortion facility. The Attorney General’s office filed suit last year in Denver’s federal district court, charging Scott with ten separate violations of the Freedom of Access to Clinic Entrances (FACE) Act, asking the court to assess a $10,000 civil fine and an injunction keeping him 25 feet away from the abortion facility.
The agreement to dismiss the charges followed in the wake of a ruling last January by United States District Judge Philip Brimmer, denying the federal government’s bid for a preliminary injunction against Scott. Judge Brimmer ruled that the Attorney General had failed to prove that the government was reasonably likely to prevail at trial.
“This is a monumental vindication of the free speech rights of those who offer assistance at the nation’s abortion clinics,” said Peter Breen, executive director & legal counsel of the Thomas More Society, which represented Scott. “The charges against Scott, like a flurry of other charges the Justice Department recently has brought against pro-lifers all over the country, were fundamentally flawed and repugnant to the United States Constitution. The Government here sought to criminalize leafleting on a public sidewalk, which is clearly protected by the First Amendment, even when that leafleting occurs outside an abortion clinic.”
The Thomas More Society retained Denver attorney Rebecca Messall to assist with the defense of Scott. The agreement resulted after a settlement conference held this afternoon at the Alfred A. Arraj United States Courthouse in Denver.
A copy of the signed settlement agreement may be viewed here.
More information about the case can be found here.
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