On The Front Lines
Rutherford Institute Attorneys Win Civil Rights Victory for Pennsylvania Pro-Life Activist William Depner
PITTSBURGH--Attorneys for The Rutherford Institute won a civil rights victory for pro-life activist William S. Depner, a resident of McKeesport, Penn. After Institute attorneys filed an appeal on Depner's behalf, a Court of Common Pleas judge acquitted Depner of harassment charges for photographing girls who appeared to be underage as they entered a local Planned Parenthood facility. Depner claims he was concerned that girls under the age of 16 entering Planned Parenthood may have been victims of statutory rape and believed photographs were the best way to prove his allegations of abuse."Pro-life activists continue to face an uphill battle in the courts despite the fact that they have a First Amendment right to voice their opposition to abortion," said John W. Whitehead, president of The Rutherford Institute. "We are pleased with this important victory for William Depner."
The Rutherford Institute came to Depner's assistance on another matter in 2003, after Depner was arrested for distributing pro- life literature on a public sidewalk. While waiting for a bus in a residential section of McKeesport, Penn., Depner began distributing pro-life literature to adults and teens who passed by. He took particular care to ensure that he did not cause any disturbance and was not blocking the sidewalk. In fact, Depner stood at the very edge of the sidewalk whenever someone approached. Only two adults approached Depner that day. The first refused the literature. The second, however, identified himself as a McKeesport City police officer. After informing Depner that he was not allowed to distribute literature, the officer proceeded to arrest Depner. After spending the afternoon in jail, Depner was issued two citations prior to his release--one for disturbing the peace and another for blocking a public sidewalk. Depner was later found to be innocent of both offenses. Institute attorneys filed a civil rights lawsuit in U.S. District Court for the Western District of Pennsylvania in defense of Depner's First and Fourteenth Amendment rights. In the complaint, Institute attorneys asserted that by not allowing Depner to peacefully distribute the literature and by singling him out because of the literature's pro-life message, the arresting officer and the City of McKeesport violated Depner's rights to free speech and equal protection under the law. In addition, Institute attorneys charged the City of McKeesport and its police department with failing to adequately train their employees about the clearly established constitutional rights of citizens to distribute literature peacefully. This civil rights action is still pending.
The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.
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