Standing still, praying gets man 'disorderly conduct' rap

Two Chicago-area men have been accused of "disorderly conduct" for standing on a public sidewalk outside an influential abortion business and praying, and the move appears to be a deliberate attempt by officials to intimidate Christians, according to a law firm.

"This arrest was about one thing: trying to scare pro-life people away from Planned Parenthood," said Peter Breen, executive director and legal counsel for the Thomas More Society.

The organization is representing David Avignone and Joe Holland, whose "offense" was captured in a video:

"Joe Holland did nothing wrong – his only 'crime' was having the temerity to exercise his First Amendment rights on a public sidewalk. We look forward to defending Joe and others like him against the city of Chicago's false charges," Breen said.

The arrests were made because of Chicago's recently adopted "bubble" law that prevents approaching within eight feet of a person, without consent, "for the purpose of passing a leaflet or handbill to, displaying a sign to or engaging in oral protest, education or counseling."

Breen confirmed to WND Holland was engaged solely in prayer activity and not in leafleting, picketing or "sidewalk counseling." Holland was cuffed, taken into custody and booked at a police station for an offense that carries no possibility of jail time and is similar to offenses addressed by an officer handing out a citation.

Thomas More Society attorneys report they have served subpoenas on Planned Parenthood for security footage of the alleged disorderly conduct and on the city of Chicago for the 911 tapes of the calls placed by Planned Parenthood.

A plea of innocent was submitted already in Holland's case and will be for Avignone, whose first appearance will be Aug. 30, officials said.

Breen told WND the ordinance will be challenged on constitutional grounds. He contends the case will fail for the city even if one would grant the legitimacy of the limits.

"The people were not violating the law even as written," he said. "The whole point of enforcement that the city has now begun is to try to scare people off the public sidewalks.

"This is pure intimidation," he said. "We're crying foul. The way this was handled we can't see any legitimate law-enforcement purposes. It was solely to intimidate pro-lifers."

Such "bubble" laws adopted to protect abortion businesses also have been issues in the Denver area. WND reported when such a law in Pittsburgh – intended to create zones in front of abortion businesses where pro-life protesters were not allowed to speak – was struck down by the 3rd U.S. Circuit Court of Appeals.

The 3rd Circuit said the combination of free-speech restrictions was "unduly – and unconstitutionally – onerous."

"We conclude that the ordinance burdens substantially more speech than necessary and is thus insufficiently tailored," the opinion said. "Because we find that the ordinance's combination of zones is not narrowly tailored, we hold on the merits that the ordinance is facially invalid."