Court Denies DA's Motion for Lifetime Ban on Walter Hoye
August 31, 2009
MEDIA ADVISORY, (christiansunite.com) -- On August 24, Judge Stuart Hing denied the Alameda County District Attorney's motion for an injunction against Rev. Walter Hoye. The injunction sought by the District Attorney would have forever banned Rev. Hoye from exercising free speech rights within 100 yards of the Family Planning Specialists abortion clinic in Oakland.
In his five-page ruling, Judge Hing defended various legal rulings he made during Rev. Hoye's trial, but ultimately concluded that the court lacked jurisdiction to impose the injunction, because Rev. Hoye's conviction and sentence are already on appeal.
Attorneys for Rev. Hoye said they don't know whether this ruling will finally put an end to the District Attorney's efforts to prevent Rev. Hoye from offering help to women considering abortion at FPS. "These political prosecutions are quirky. While the DA's office seems to be working overtime concocting ways to silence Mr. Hoye, there is a limit. It is not clear whether they are willing to spend more tax dollars chasing a pro-lifer whom even escorts admit is a kind, gentle man." said LLDF-affiliated attorney Mike Millen.
Millen, who also represents Hoye in the federal civil lawsuit challenging the constitutionality of the ordinance, said that a motion to stay enforcement of the ordinance pending appeal will be filed shortly.
For more details about Rev. Hoye's case go to www.lldf.org.
Life Legal Defense Foundation was established in 1989, and is a non-profit organization composed of attorneys and other concerned citizens, committed to the sanctity of human life. For more information, call Katie Short at 805.640.1940.