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AFA
Divisions Center for Law and Policy Press Release
January 8, 2002
PRO-LIFE FORCES VICTORIOUS IN
LEGAL
BATTLE AGAINST MONROE, WISCONSIN
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Contact:
Bryan J. Brown
American Family Association
P.O. Drawer 2440
Tupelo, MS 38803
1-662-680-3886
For Immediate Release: 1/8/02
TUPELO, MS -- The pro-life movement today celebrates victory in the case
of Ovadal v. Monroe, as that Monroe, Wisconsin recently conceded the
unconstitutionality of its sign-limiting and encroachment ordinances and,
at the same time, dismissed more than fourteen outstanding charges against
six pro-life activists. The City had previously, in response to federal
judge Barbara Crabb’s order enjoining its handbilling ordinance, revoked
that law and dismissed three pending charges against two pro-life
activists.
The City’s total capitulation came soon after the Center for Law &
Policy ("CLP") filed a thorough summary judgment brief detailing
the constitutional defects haunting Monroe’s laws. Ralph Ovadal, Pastor
of Christ the King Church [renamed Pilgrims Covenant Church] in Monroe, had repeatedly warned the City of
this eventual outcome, as had CLP Chief Counsel. (See July 2, 2001 and
September 13, 2001 press releases at www.afa.net/clp.)
Besides dismissing all of the nineteen charges challenged in the lawsuit,
and besides scrapping all three of the challenged ordinances, the City of
Monroe agreed to pay out $12,800 in attorneys’ fees and expenses, and to
pay each of the twelve pro-life plaintiffs reparations. The City also
agreed to issue a statement pledging that it desires "to enact and
enforce all ordinances in a fair and evenhanded manner."
The CLP and pro-life activists demanded such a pledge from the City after
depositions and enforcement history demonstrated a very real bias built
into the sign ordinance. After finalizing the settlement agreement, the
City’s counsel noted that the scrapped sign ordinance appeared to have
been written with Christ the King’s "abortion protests in
mind," a focus which rendered the law "biased." Monroe’s
Chief of Police, Fred Kelley, likewise admitted that "it seemed as
though we were singling out Ovadal and his group."
Chief Counsel Stephen M. Crampton declared the City’s abandonment of the
field of battle as a great victory for the pro-life forces. Crampton noted
that "we were awarded more in settlement that we could have gotten in
a legal judgment."
Bryan J. Brown, Litigation Counsel for the CLP, noted his satisfaction
with the result. "This case," noted Brown, "could be a
textbook example of how pro-life activists and their attorneys can partner
together for victory." "Pastor Ovadal and his flock stood up the
to City’s unjust laws," Brown continued, "not only by
challenging them, but also by forcing the City to consider the outcome of
evenly applying the laws to merchants and other nonprotestors."
"This well thought-out activist strategy," concluded Brown,
"coupled with an attack on the constitutionality of the law, resulted
in the total victory now celebrated."
The AFA Center for Law & Policy is the legal arm of the American
Family Association, Inc., located in Tupelo, Mississippi and Washington,
D.C., and is an ally of the Alliance Defense Fund, located in Scottsdale,
Arizona. The Center restricts its practice to constitutional litigation.
American Family Association
P.O. Drawer 2440
Tupelo, MS 38803
1-662-680-3886
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