Judge Bans Evangelism Within 100 Feet Of Homosexual Events
December 18, 2004
NEWS RELEASE: FOR IMMEDIATE RELEASE: December 17, 2004
PHILADELPHIA, PA. Dec., 16 /Covenant News Wire Service/ -- At a preliminary hearing
held December 14, Philadelphia Municipal Court Judge William Austin Meehan dismissed
charges against six Christians who were evangelizing at the 2004 “Outfest”, but
upheld felony and misdemeanor charges against four others accused of “hate crimes”
at the homosexual celebration. Judge Meehan also banned the four men from doing
any type of evangelism within 100 feet of any “gay and lesbian event”.
The Christians were a part of an evangelistic effort organized by Repent America,
which frequently preaches at homosexual gatherings in Philadelphia. The charges
against Repent America Director Michael Marcavage include three felonies: Criminal
Conspiracy, Ethnic Intimidation, which falls under “Hate Crimes”, and Riot; as
well as five Misdemeanors: Reckless Endangerment, Possession of Instruments of
Crime, Failure to Disperse, Disorderly Conduct, and Obstructing Highways. Mark
Diener and James Cruse are charged with Criminal Conspiracy, Failure to Disperse,
Disorderly Conduct, and Obstructing Highways. Dennis Green is charged with Criminal
Conspiracy, Disorderly Conduct, and Obstructing Highways. The "Criminal Conspiracy"
charge links all of the Defendants together, therefore Marcavage's "Ethnic
Intimidation" charge will be linked to the other Defendants.
During the hearing, Judge Meehan watched a videotape of the arrests, and turned
his head toward the Defendants each time he saw one of them in the video footage.
Apparently, the charges were dropped against the six other Defendants because
they were not seen quoting scripture on the videotape.
In his closing argument before Judge Meehan at the preliminary hearing, prosecutor
Charles Ehrlich, Chief of the Municipal Court Unit, went into a fit of rage, and
declared the Bible "hate speech", while he passionately argued to the court that
the Defendants are "hateful" and "disgusting,” and therefore should all be found
guilty.
American Family Association Center for Law and Policy (AFACLP) attorney Brian
Fahling filed on behalf of the Repent America team in early December to block
the prosecution, but U.S. District Judge Petrese B. Tucker last week refused;
and the U.S. Court of Appeals for the Third District, in response to an emergency
appeal, subsequently refused to reverse her ruling.
Only two days prior to the “Outfest” event, Marcavage’s attorneys filed a lawsuit
against the City of Philadelphia and its agents for civil rights violations,
contending that the City and the police have a “policy, practice and custom” of
denying Marcavage’s First, Fourth and Fourteenth Amendment rights by continually
harassing, intimidating, threatening, and arresting him for his public ministry.
During "OutFest", the police allowed the “Pink Angels,” a self-proclaimed gay
security force, to obstruct and harass the Christians when they surrounded them,
linked arms to prevent access to public areas, and held 10-foot pink Styrofoam
placards while shouting and blowing loud whistles. Fran Price, community liaison
for Philly Pride Presents, the sponsor of “Outfest”, acknowledged that there was
a potential for violence when she stated that the “Pink Angels were there to
defuse a riot and to protect the protestors from getting beaten up” - presumably
by the “Outfest” crowd.
Scott Shields, criminal defense attorney for the 'Philadelphia 11', stated after
the ruling that “the message of this court is that if you preach from the Scriptures
at a gay and lesbian event, you are committing a hate crime... This case is historic,
and is the first reported case in America where the Bible is being used to form
the evidentiary basis for a hate crime. Now, here in the cradle of liberty and
the birthplace of our nation, it is a crime to be openly Christian."
A separate preliminary hearing for a teenage defendant was originally scheduled
for December 10 in juvenile court, but has been postponed. The trial date for the
four remaining adult defendants has not yet been set.
Voice your opposition to their arrests and false charges by contacting Philadelphia
Commissioner Sylvester Johnson at 215-686-3280, and contact District Attorney
Lynne Abraham's office at 215-686-8701, who has ordered their aggressive prosecution.
In addition, encourage the U.S. Dept. of Justice to get invovled by contacting
Chief Albert Moskowitz in the Criminal Section of the Civil Rights Division at
202-514-4540, and Chief Shanetta Brown-Cutlar in Special Litigation at 202-514-6255.