The Streets in Buffalo/Rochester, NY

The Streets in Buffalo/Rochester, NY

October 23, 2000

Psalm 94:15 "For the Lord will not cast off His people nor will He forsake His inheritance, but judgment shall return to righteousness and all the upright in heart shall follow it." The American Family Association Law and Public Policy Center and a Federal Public defender are representing Jerry Crawford and I regarding a Criminal Contempt charge stemming from sidewalk prayer, picketing and having a Christian witness at Rochester area abortion clinics. Magistrate H. Kenneth Schroeder recommended that criminal contempt charges brought against Jerry and myself be dropped because the Temporary Restraining Order, under which we were charged, had expired prior to our alleged violations and thus was not a lawful order. Magistrate Schroeder's comments are as follows:

"I know of no legal requirement that would mandate them (Jerry and Mike) to conclude that the order at issue was transformed into a preliminary injunction, especially when the words and actions of the District Court that issued the order indicated to the contrary. They cannot be held in criminal contempt for violating an order which was (expired) on those dates . Since it was void and not in effect, it was not a lawful order.."

He states in his report that it is his recommendation this charge be dismissed.

At this time Federal District Judge Richard Arcara has not ruled on the recommendation of Magistrate Schroeder. Yet, incredibly The NYS Attorney General and the Federal Prosecutor has filed court briefs contesting the ruling; stating as the reason, the need to "protect the Constitutional rights of its citizens" and the idea that a court order must be obeyed even if it is an unlawful order. This case is not about violence against abortionists or terrorization of the abortion industry; rather it is about intimidating and bulldozing the Free Speech rights of peaceful pro-life Christians under a blizzard of "legal" maneuverings and the misuse of Federal FACE statutes by the NY State Attorney General and by Federal Judge Arcara.

We pray and anticipate the court will dismiss these contempt charges but will continue in its attempt to erode a Christian witness at area abortion clinics by establishing a permanent injunction creating no pro-life speech zones around these killing centers. Please pray for The American Center for Law and Justice the is representing us in the injunction appeal aspect of the case and The American Family Association defending us in this contempt action.

Rev. Mike Warren
Director of Rescue Rochester