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ADF attorney available to media after trial over pro-life woman’s arrest

ADF fights charges against woman peacefully sharing pro-life message near abortion clinic
Tuesday, August 11, 2009, 5:00 AM (MST) |
ADF Media Relations | 480-444-0020


WHO:  ADF Litigation Counsel Daniel Blomberg
WHAT:  Available for media interviews after trial in City of Overland Park v. Kafka
WHEN:  Wednesday, Aug. 12, immediately following trial, which begins at 10 a.m. CDT
WHERE:  Overland Park Municipal Court, W. Jack Sanders Justice Center, 12400 Foster St., Courtroom A, Overland Park

OVERLAND PARK, Kan. — Alliance Defense Fund Litigation Counsel Daniel Blomberg will be available for media interviews Wednesday following his defense at trial of a woman arrested while sharing a pro-life message in front of a Planned Parenthood parking lot.  In March, the city of Overland Park filed criminal charges against Kansas City Catholic Diocese employee Carrie Kafka, saying she violated a city ordinance by allegedly obstructing traffic entering and leaving the abortion clinic’s parking lot, even though video evidence proves she never obstructed traffic.

“Pro-life advocates shouldn’t be arrested on baseless charges when they are simply exercising their First Amendment rights,” said Blomberg.  “After abandoning its groundless arrest for trespassing, the Overland Park Police came up with the unsubstantiated charge of blocking traffic, which prevented Carrie from exercising her free speech rights.  We are pleased to be arguing in her defense at trial.”

Nearly every Friday and Saturday for several years, without incident, pro-life advocates have stood on a public sidewalk next to a Planned Parenthood parking lot to share information with women seeking or considering abortions when they pulled into the driveway.  Kafka has participated personally on a monthly basis for over a year.  Being careful not to trespass or obstruct traffic from entering or exiting the clinic, Kafka peacefully offered pregnant women educational material to help them make an informed choice--only interacting with those willfully stopping their cars in the driveway and inviting dialogue.

In March, Kafka was arrested without warning by Overland Park Police for criminal trespass, even though she never entered onto Planned Parenthood property.  Because of this fact, the charge was quickly changed to allege that Kafka obstructed vehicles entering and leaving the parking lot.  Security video from the scene shows that Kafka never entered private property and that she never prevented vehicles from entering or exiting the clinic, but in fact encouraged drivers to move on when vehicles approached from behind.

ADF attorneys argue that not only is the city’s obstruction ordinance unconstitutionally vague, but that officers should not have arrested Kafka because she never violated the ordinance and, before citing and arresting her, they failed to first order Kafka to cease her conduct and leave as the ordinance clearly requires.

In June, ADF filed a motion to dismiss City of Overland Park v. Kafka from Overland Park Municipal Court. 

ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith.  Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.

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