Christian Activist Sees Trespass Charge Upped to Misdemeanor
by Jim Brown
January 30, 2006
(AgapePress) - - The head of a Philadelphia-based Christian ministry is facing criminal prosecution for engaging in "pro-life evangelism" near a university campus in Pennsylvania. The ministry leader is challenging a school policy that requires individuals acquire a permit before exercising in any First Amendment activity on or near the campus.
The state system of higher education in Pennsylvania requires that a registration form be completed and approved two hours before any free-speech activity can be conducted on campus. In October, West Chester University police cited Repent America director Michael Marcavage for "defiant trespass" when he refused to obtain such a permit before initiating his pro-life activism on a sidewalk near the campus. Now, Chester County district attorney Joseph Carroll has raised that charge to a misdemeanor level. Marcavage, if convicted, faces up to a year in prison and a $2,500 fine.
During his group's annual pro-life evangelism tour, Marcavage stood near the West Chester campus displaying a sign he describes as depicting the "reality of abortion." Because the Christian activist had neglected to obtain a permit, campus authorities cited the ministry leader with "defiant trespass." In mid-January, the district attorney asked that that charge be dropped so he could file a misdemeanor-level criminal complaint against Marcavage.
Ted Hoppe, an attorney for Marcavage, believes his client is being specifically targeted because of his Christian beliefs.
"I think it has to be an effort to try to squelch and frustrate Mr. Marcavage's efforts at getting out his Christian message and his pro-life message," the attorney says. "They can't really believe that this policy is constitutional. What's amazing is that West Chester University, in their policy, admits that the university is a public forum."
Hoppe asserts that his client is frequently targeted because he is a well-known Christian activist in the area. He cites as evidence what happened to Marcavage at a recent homosexual event in nearby Phoenixville, Pennsylvania.
"He showed up at the event that was open to the public, tried to enter the event, and was told by the police that he couldn't ," the attorney shares. "And of course, Michael says 'it's a public event -- I'm allowed to go there.'" Hoppe says Marcavage, at the request of the event organizers, was arrested for trespass as "stepped across the line" at that event.
The attorney contends that, in the Phoenixville case, law enforcement authorities "were clear that the event organizers didn't want him there" -- and it was not because of anything Marcavage was saying at the time, he adds, "but because they knew what he was going to say."
Jim Brown, a regular contributor to AgapePress, is a reporter for American Family Radio News, which can be heard online.
