U.S. District Judge Carol Bagley Amon has denied an injunction sought by the New York Attorney General (OAG) against 13 pro-life Christians who counsel women and preach the gospel on the public sidewalks outside New York’s largest abortion business. Liberty Counsel represents defendant Scott Fitchett, Jr., who was sued with the other defendants in June 2017 by former New York Attorney General Eric Schneiderman who wanted to shut down the Christian and pro-life speech of the defendants outside Choices Women’s Medical Center in Jamaica, NY. Fitchett is a pre-K teacher who has spent Saturdays peacefully sharing the gospel on public sidewalks throughout New York City, including outside Choices “to persuade women to change their minds about seeking an abortion by communicating the Gospel of Jesus Christ.”

Judge Amon’s 103-page order denying the OAG’s injunction meticulously took apart the OAG’s false claims of harassment and intimidation against Fitchett and the other defendants. Judge Amon found the OAG’s witnesses, including four Choices “escorts,” to lack credibility, and found the OAG’s video evidence to fall far short of the OAG’s burden of proof. At the outset of her substantial factual findings, Judge Amon explained, “The most problematic of the credibility issues discussed below is the tendency for the . . . OAG witness testimony to exaggerate the impropriety of the defendants’ conduct and to omit mitigating circumstances. In this regard, it is notable that, despite the availability of hundreds of hours of video evidence, the OAG has not cited a single video that corroborates the witness testimony . . . . Instead, the video evidence contradicts the escorts’ accounts of protestor conduct on specific occasions.” (Emphasis added).

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