Pro-Life Advocates were Unlawfully Arrested

The Minnesota Supreme Court on Thursday reversed the convictions of two pro-life advocates who had been charged with creating a public nuisance and violating a city sign ordinance while engaging in pro-life speech. Our readers will not be surprised to learn that it was an Alliance Defense Fund-allied attorney who represented the two men:

"Pro-life advocates cannot be singled out for unfair treatment under the law," said ADF-allied attorney Charles Shreffler of the Minneapolis-based firm of Mohrman & Kaardal, P.A. "We're pleased that the court reversed these convictions and that three of the justices expressed a strong affirmation for the First Amendment rights of peaceful pro-life advocates."

In September 2004, Rob Rudnick and Luke Otterstad held up two signs expressing pro-life views on the public sidewalk of the Ferry Street Bridge above Highway 10 in Anoka. After receiving a complaint from an anonymous phone caller, Anoka police arrested the two men, and they were convicted under the two ordinances in January 2005. The Minnesota Court of Appeals upheld the convictions.

The Minnesota Supreme Court reversed that decision Thursday, ruling that the state had failed to prove an essential element of the public nuisance charge. Three of the justices filed a concurring opinion affirming the First Amendment rights of the men to display the signs.

"This decision reminds law enforcement officers that they cannot arrest and prosecute pro-life advocates because those officials take offense at the content of their speech," Shreffler is quoted by the ADF as stating. "The state simply could not provide the necessary evidence that these men should have been convicted under the ordinances for displaying their pro-life signs."

A copy of the opinion issued in State of Minnesota v. Otterstad can be read at www.telladf.org/UserDocs/OtterstadOpinion.pdf. The Washington, D.C., firm of Robbins, Russell, Englert, Orseck & Untereiner assisted in petitioning the Minnesota Supreme Court for review.

The case is significant for those who rely on the First Amendment to protect their speech and who were intimidated by the actions of the Anoka police nearly three years ago. I applaud the efforts of these three men and the ADF but am saddened that in it took almost three years in the Land of the Free to affirm such a basic right.

Source: ADF News Release