First time a state AG files suit under FACE Act in defense of pregnancy help
The state of Florida and First Liberty Institute have sued two Florida residents associated with extremist groups antifa and Jane’s Revenge for their alleged roles in vandalizing pregnancy centers in the state.
Florida Attorney General Ashley Moody and First Liberty Institute filed individual lawsuits Wednesday against Caleb Hunter Freestone and Amber Marie Smith-Stewart.
The basis for both suits is the Freedom of Access to Clinic Entrances (FACE) Act, which has typically been used to defend abortion providers. Moody’s office said it is the first time an attorney general has used the FACE Act to defend pregnancy centers, Florida’s Voice reports.
Both lawsuits also cite an association between the defendants and Jane’s Revenge, one of the radical pro-abortion groups that has claimed credit for attacks on pregnancy help organizations in the wake of the May 2022 Supreme Court draft majority opinion leak in the Dobbs case signaling the overturn of Roe v. Wade. The state of Florida’s suit cites ties with the defendants and Antifa as well.
“Antifa and Jane’s Revenge are criminal organizations and must answer for their crimes in Florida,” Moody said. “I am taking action to hold their members accountable for attempting to intimidate and threaten law abiding citizens in our state.”
Filed in U.S. District Court for the Middle District of Florida, Tampa Division, Moody’s complaint asks the federal court to assess damages and fines against Freestone and Smith-Stewart of $170,000 each.
First Liberty is similarly seeking appropriate penalties imposed by the FACE Act and other legal remedies.
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Since the SCOTUS leak and subsequent final Dobbs decision more than 100 pregnancy centers, pro-life organizations and churches in more than 30 U.S. states have been targeted by abortion extremists, the attacks including vandalism, violence – including firebombing - threats, disruption of events, and on-line smears. Pregnancy help organizations have been disparaged by federal lawmakers as well, and some states continue to target them via legislation aimed at quashing their operations.
Freestone and Smith-Stewart were indicted by a federal grand jury in January under the FACE Act for targeted pregnancy center and vandalizing those facilities with spray-painted threats.
The Freedom of Access to Clinic Entrances (FACE) Act prohibits threats of force, obstruction and property damage intended to interfere with reproductive health care services, as well as damage or destruction of property or a facility because it provides reproductive services.
The centers targeted are the South Broward Pregnancy Help Center, LifeChoice crisis pregnancy center in Winter Haven, and the Heartbeat of Miami in Hialeah.
Freestone and Smith-Stewart’s indictments were the first two in the 100-plus attacks since last May on pregnancy centers and pro-life groups.
An arrest was made earlier this month in the March 16 vandalism committed at CompassCare Pregnancy Services in Amherst, New York, the same center that was destroyed in a June 2022 arson attack in June 2022. CompassCare eventually hired its own investigator to find the abortion activists who bombed its center.
A recent arrest was also made in the May 2022 arson attack on Wisconsin Family Action pro-life clinic.
Two more abortion activists were charged with violating the FACE Act in the last week. Gabriella Oropesa and Annarella Rivera are alleged to have worked with Freestone and Smith-Stewart on the attack on the Winter Haven pregnancy center.
The handful of arrests for attacks on pregnancy help still trail the numbers for the U.S. government's use of the FACE Act against pro-life advocates. Although the Act protects both pro-life pregnancy centers and abortion facilities, The Daily Signal reports that the Department of Justice charged at least 26 pro-life individuals in 2022 with violations of the FACE Act.
Legal non-profit First Liberty along with local law firm Lawson Huck Gonzalez brought the second suit filed Wednesday against Freestone and Smith-Stewart, suing on behalf of Heartbeat of Miami.
According to the lawsuit, Freestone and Smith-Stewart, as representatives of Jane’s Revenge, vandalized Heartbeat’s clinic with spray painted threats including, “If abortions aren’t safe the[n] neither are you,” on July 3, 2022.
First Liberty representatives lauded the Florida AG’s effort through the concurrent suit to hold the pro-abortion activists accountable for attacks on pregnancy help centers in the state.
“Florida Attorney General Ashley Moody is leading the effort to protect all faith-based pregnancy care centers across the country,” said First Liberty President, CEO Kelly Shackelford. “The rule of law compels this lawsuit. If you use violence as a means to advance your disagreement, you will be held accountable by the law.”
A press statement from First Liberty said explained the rationale for the FACE Act, stating that Heartbeat of Miami is a religious ministry providing life-affirming reproductive health services to women and couples facing unplanned pregnancies in Hialeah, Florida.
“Those who target life-affirming reproductive health facilities must face the legal penalties Congress established for their crimes,” said First Liberty Senior Counsel Jeremy Dys. “No one should suffer violence for simply providing faith-based counseling and baby supplies to women and their babies. Violence is never a lawful response to disagreement.”
Tweet This: “Those who target life-affirming reproductive health facilities must face the legal penalties Congress established for their crimes”
First Liberty’s statement says further:
Annarella Rivera then joined Caleb Freestone on September 17, 2022, to hack their way onto Heartbeat’s guest list, giving them access into Heartbeat’s annual gala where they shouted obscenities, disparaged Heartbeat’s staff, volunteers, and supporters, and leafletted the venue with propaganda hoping to dissuade women from using Heartbeat’s services.
Representatives of the largest network of pregnancy help have said throughout the attacks that targeting pregnancy help organizations only hurts women, and that pregnancy help will persist.
Heartbeat International President Jor-El Godsey also praised the legal response from the Florida AG and First Liberty.
"We are pleased to see Florida Attorney General Moody stand against criminal vandalism of pregnancy help providers like our affiliates at Heartbeat of Miami,” Godsey said. “She shows that the FACE Act is a protector of true reproductive rights and not just to protect abortion profiteering.”
“Only the women who need help are being hurt by such terroristic tactics,” Godsey continued. “Pregnancy help, like that at Heartbeat of Miami, has only continued to reach out and help women have a safe place to discuss their unintended pregnancy."
Editor's note: Heartbeat International manages Pregnancy Help News.
