On Thursday, the Justice Department filed a civil lawsuit against five anti-abortion activists. Three of them have already been convicted for obstructing access to reproductive health clinics. The lawsuit accuses them of violating the Freedom of Access to Clinic Entrances.
The government prosecutors have requested a fine of $20,516 for the initial violation of the FACE Act and a penalty of $30,868 for any subsequent violations that occurred during an anti-abortion protest at a reproductive healthcare clinic in Fort Myers, Florida in 2022.
Calvin Zastrow, Eva Zastrow, and Chester Gallagher have already been convicted of violating the FACE Act and are now facing further charges under the same act due to their participation in more anti-abortion blockades at clinics across the country.
In a statement released on Thursday, Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division emphasized that it is illegal to physically impede individuals seeking or providing reproductive health services as a means of imposing one’s views. She also stated that the department remains committed to upholding the FACE Act to prevent such obstruction.
The Fort Myers Health Center faced some serious allegations as five defendants, including Kenneth Scott and Katelyn Sims, were accused of trespassing on January 27, 2022. This resulted in a temporary shutdown of the center’s operations, as per the filed lawsuit.
According to the document, the defendants arrived at the facility’s parking lot before it opened and allegedly hurled insults at one of the employees who was arriving to begin their shift.
When the second employee arrived at the facility, they were instructed to wait in their vehicle due to the presence of protestors. These protestors reportedly hurled insults at the employee, calling them a “baby murderer” and telling them that they were “going to hell.”
Upon receiving reports of protestors hindering patients from accessing services at the facility, the Lee County Sheriff’s Office promptly responded. Upon arrival, the deputies notified the defendants that they were trespassing and ordered them to vacate the premises.
According to the lawsuit, the LCSO deputies gave repeated warnings and attempted to obstruct the protestors. However, despite their efforts, the protestors persisted and made their way to the entrance of the Fort Myers Health Center. While doing so, they yelled at the deputies, accusing them of not taking any action against the alleged killing of babies happening inside.
According to the lawsuit, a number of the accused defendants obstructed the entrance to the facility with their bodies. Eva Zastrow allegedly attempted to slam the door shut as a patient attempted to enter, causing security personnel to intervene and force the door open to allow the patient to pass through.
According to court documents, Eva Zastrow, Calvin Zastrow, and Sims were taken into custody. However, Scott and Gallagher tried to gain access to the back of the facility but were unsuccessful. In an attempt to make their presence known, they shoved signs under the door, which caused fear and distress among the employees inside.
According to the statement, employees at the Fort Myers Health Center were proactive in protecting themselves by taking various actions. Some of these actions included grabbing a scalpel, dismantling an IV pole to use as a potential weapon and holding a large metal sign to block the back door.
As soon as the law enforcement officials reached the door, Scott and Gallagher stood their ground, adamantly refusing to budge. They made their stance clear by telling the officials to “take me to jail” and passionately stating that “they are killing babies.”
The court ruling on June 14, 2023, convicted four defendants for trespassing on the facility’s property. Scott, on the other hand, pleaded nolo contendere on August 2, 2023, for the same charge.
In a statement on Thursday, U.S. Attorney Roger Handberg for the Middle District of Florida emphasized that it is not up to individuals to choose which laws they want to follow as the Justice Department ensures compliance with all laws.
Our commitment to safeguarding the rights of patients and providers to access reproductive health care remains steadfast. We are eagerly anticipating the opportunity to carry on with our mission of ensuring that everyone has access to the care they deserve.
Gallagher and Calvin Zastrow, along with four other individuals, will be sentenced on July 2. They were found guilty in January for orchestrating a blockade of a healthcare clinic in Tennessee in 2021.
