The City of Tuscaloosa attempted to hinder the free speech of pro-life sidewalk activists from Prolife Tuscaloosa by forcing a permit requirement before they can continue their traditional forms of advocacy and prayer on public grounds near the city's local abortion clinic.

Thomas More Society Stops Tuscaloosa from Arresting Pro-life Activists

Members of Prolife Tuscaloosa were told that they would need a permit to engage in traditional sidewalk advocacy and prayer. When they showed up on the public sidewalk without a permit (which they have done for many years), police officers appeared and threatened them with arrest if they didn’t leave.

Thomas More Society attorneys Martin Cannon and Sam McLure met with city officials, and secured three significant reversals:

1. The city had announced that a permit would be required for any individual to stand and counsel on the public right of way near the abortion clinic. But after meeting with Thomas More Society attorneys, the city abandoned this requirement.
2. The city had justified its permit requirement by pointing out that the public property in question was dedicated to parking and that cars had priority over the sidewalk counselors. But after meeting with Thomas More Society attorneys, the city installed a permanent steel barrier to exclude the cars.
3. After abandoning its permit requirement, the city announced that a group on either side of the issue could voluntarily obtain a one-week permit for sidewalk advocacy at the site and exclude other groups during that week. But after meeting with Thomas More Society attorneys, the city abandoned that as well.

Cannon correctly insisted that the city was wrong to deny pro-life advocates their constitutional rights to be present and speak while on a public right of way for lack of a permit, no matter what kind of excuse the city gave.

“Those speaking out against abortion must have the same access to the public right of way as those promoting it,” said Cannon. “Overt interference with a lawful assembly is illegal. The public, peaceful assembly of individuals or small groups at the site doesn’t rise to a level supporting a permit requirement. It is the root of American democracy to protect this right in an open public forum.”

“Because of the prompt and forceful involvement of Thomas More attorneys, the City of Tuscaloosa realized it cannot make pro-life advocates jump through hoops to exercise their constitutionally protected rights,” added Cannon. “Over 100 children are aborted weekly at West Alabama Women’s Center – more than are born alive in Tuscaloosa County during that same period. If the members of Prolife Tuscaloosa want to educate consumers about that and pray for it to stop, they have the right to do so, and the Thomas More Society is here to defend them.”