Court OKs Pro-Life Advocacy in Pittsburgh Amid Legal Battle
A federal court has granted a temporary restraining order to allow pro-lifers in Pittsburgh to educate the public about pro-life issues in advance of the Nov. 2 elections.
In its order, the U.S. District Court for Western District of Pennsylvania said Wednesday that the plaintiffs showed that they have a reasonable probability of success in their case against the city of Pittsburgh; that they will be irreparably harmed by denial of the relief as their First Amendment rights of free speech will be restricted; that the relief will not harm the city; and that such relief will be in the public interest.
"Defendant, its officers, agents, attorneys, employees, successors in office, police, prosecutors, and those acting in concert with them are enjoined from enforcing Pittsburgh Ordinance § 601.02 against plaintiffs and others not before this court, including through arrest, charge, citation, or prosecution, while they are exercising their protected freedoms of speech and expression through the distribution of leaflets, flyers, and the like on public and private property in the City of Pittsburgh from this day until a hearing on a preliminary injunction shall be completed," the court wrote in its order.
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"Defendant is directed to notify immediately its officers, agents, attorneys, employees, successors in office, police, prosecutors, and those acting in concert with them of this Court's order enjoining the enforcement of Pittsburgh Ordinance § 601.02," it added, referring to the city of Pittsburgh.
The American Center for Law and Justice (ACLJ), which filed suit on behalf of two Pittsburgh pro-life advocates, is challenging the constitutionality of Pittsburgh Ordinance § 601.02, which restricts the rights of plaintiffs and others to distribute literature within the city of Pittsburgh.
While the city ordinance seeks to prohibit the distribution of literature via hand-delivery to individuals or placement on unoccupied parked cars, the plaintiffs argue that the distribution of literature is a valuable means for educating the public about critical community issues especially as they relate to the elections on Nov. 2.
The ACLJ further asserts that the ordinance is overbroad, vague and impinges on the rights of free speech and due process that the United States Constitution guarantees.
Pittsburghers, it argues, should be able to distribute literature to individuals and to place it on unoccupied parked cars without fear of fine, penalty or censure.
"Today the court acted to protect one of the most fundamental rights of all Americans, the right to freedom of speech," said ACLJ Senior Attorney Ed White shortly after Wednesday's court order was issued. "The court rightly recognized that the plaintiffs must not be denied their right to exercise that freedom."
For the case, ACLJ is working together with Pittsburgh attorney Noah P. Fardo of the law firm Flaherty Fardo LLC.
A hearing on the motion for preliminary injunction has been scheduled for Friday, Nov. 12.
The city of Pittsburgh has until Nov. 5 to respond to the motion for preliminary injunction.
The case is Ramsey et al v. City of Pittsburgh.
