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Boil a frog slowly and it fails to appreciate its own peril.
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Comment RSS ADF SLAPP: Seeking Injunction and Cash Back from Bash Back
Updated with additional information from the Michigan Messenger.
ADF has filed suit against the group "Bash Back" for their protest at a Michigan church last November. Named in the complaint filed May 13 are Bash Back; Bash Back, Lansing; 15 individuals and 20 "John Doe" defendants. Given that the defendants appear to be very young people (presumably with few assets), this looks like a SLAPP suit. SLAPP suits are used to silence critics – and potential future critics – by burdening them with the expense of a defense. In this case, they are also seeking an injunction preventing the group from further protests,. Winning the suit is relatively immaterial. The chilling effect is obtained by filing the suit. According to ADF's hyperbole:
Alliance Defense Fund attorneys filed suit in federal court Wednesday against a radical anarchist group that openly advocates the use of riots and crime to further its views in favor of homosexual behavior. ADF attorneys filed the suit on behalf of Delta Township’s Mount Hope Church against the group “Bash Back!,” which invaded the church’s building during a worship service on Nov. 9 of last year.
“The use of violent threats and criminal behavior to make a political point should never be acceptable in America,” said ADF Senior Counsel Gary McCaleb. “Bash Back! revealed how dangerous the homosexual agenda is to our First Liberty, religious freedom. ADF filed this suit to stop Bash Back! and other activist groups from invading churches, disrupting worship, silencing pastors, and terrifying adults and children who attend religious services.”
Ironically, ADF is seeking judgment based on 18 USC§248 which is the Freedom of Access to Clinics Act which is intended to protect clients and staff of abortion clinics from ADF's Evangelical clients.
The actual complaint seems rather flimsy in that it appears that Bash Back did not actually obstruct anything. ADF claims, almost seven months later, that church members were intimidated. The complaint alleges that defendants disrupted the church service and that two women kissed inside the church (oh, the horror). While the church contacted the police at the time, the complaint fails to cite law enforcement's response. ADF has alleged that the group has participated in similar demonstrations at other times, in other locales which is ultimately irrelevant. In addition to the injunction, the suit seeks unspecified damages.
The complaint alleges that the group set off fire alarms. However, the Michigan Messenger reported shortly after the Nov. 9 protest that no fire alarms were pulled that day, and that Eaton County Sheriff officials found no criminal actions when they arrived at the church.
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ADF is not honest, or competent. It is important to engage with competent legal counsel and defeat their attempt to silence dissent. Call the ACLU.
I have zero clue how I am on this page, but I have to point out that the apt frog in water analogy may be illuminating but is false. The frog does jump out.
This from the same sort of people who insist their "religious freedoms" are being violated because they must remain at least 8 feet from a woman while they scream obscenities at her and call her "baby killer" outside a women's health clinic? Hypocrites!
So wow, yeah, one of my kids is named in this complaint. Looking at this simply as a mama bear, my hands are shaking, and I am terrified for my kid and all the kids named. It's hard to imagine that a really young age these things can follow you forever, but yep, they sure do. If there are legal sources who will help this group out, please do. They need all the help they can get - this church has $$, ADF has $$, Bill O' Reilly is their champion - need I say more? My kid has a ton of student loans, is about to graduate with honors, no $$ for bullies. They had good intentions, while I don't agree with the actions taken, they were seeking to draw attention to this church's homophobic messages and they accomplished that. Was it the right kind of attention? That is debatable, but being named in such a despicable lawsuit doesn't seem like a reasonable response either. Yeah, my hands are still shaking.
The gpod news is that none of these idiots is exactly Clarence Darrow. Usually, they have box-top-redemption law degrees from Robertson's Regent or Fallwell's Liberty law school. Remember Monica Goodling?
1. I suggest that the defendants make a collective effort to find a local attorney pro bono.
2. While this is BS, I strongly recommend that they not comment on this matter on their blog and remove any comments that are there.
3. Start with the local bar association.
4. If all else fails, let me know (contact form) and I might be able to steer them in the right direction.
5. UNDER NO CIRCUMSTANCES should they attempt to answer the summons and complaint without an attorney.
Thanks so much. I am new to this site - it came up on google. Given the extreme efforts ADF is willing to go through in this suit, I'm afraid to post my name, or my kid's for fear of attracting their attention. I will pass this information on and hope like hell they all get smart and follow your advice. Thanks so much.
That is good advice. Another way to attract a local lawyer is to give an interview. I am sure that David knows some friendly media in Michigan.
This is a sham. The complaint is configured to conform to the clinic act and to get this into federal court. Hopefully, these kids will get a lawyer pro bono and kick ADF's ass.
Always on the attack....
I am not sure that I agree with your conclusions that this is a SLAPP suit but there doesn't seem to be any payday for ADF.
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