SNAP Sues over " House of Worship Protection Act"
By Robert Patrick
JEFFERSON CITY • Two groups are trying to block a new state law that prohibits the disruption of worship services, claiming that the measure is too vague and will infringe on their rights to free speech. The law, which supporters say will protect houses of worship from disruptive protests, is scheduled to take effect Tuesday, but the American Civil Liberties Union of Eastern Missouri filed a suit in federal court Wednesday on behalf of the Survivors Network of Those Abused by Priests and Voice of the Faithful-Kansas City. The groups often picket near churches over child sex abuse allegations. The measure's sponsor says he expects the challenge to fail. Dubbed the "House of Worship Protection Act," the law makes disturbing activity, either inside or "so near it as to disturb the order and solemnity of the worship," a misdemeanor. Third and subsequent charges would be elevated to felony status. The lawsuit argues that SNAP and Voices of the Faithful will be "chilled from engaging in expressive conduct" because it is unclear how the law will be applied or what activities it will cover. "The House of Worship Protection Act is so vague that our plaintiffs don't know if their actions will now be considered disruptive under it," Brenda L. Jones of ACLU said in a statement. "Law enforcement officers will also have trouble determining exactly what constitutes profane discourse or rude behavior." The law bars the intentional disruption of a house of worship through profanity, "rude or indecent behavior" or general noise. It also bars the "intimidation" of those "exercising the right of religious freedom in or outside a house of worship or seeking access to a house of worship." Missouri Senate President Pro Tem Rob Mayer, R-Dexter, sponsored the bill. "I don't see why this would be considered unconstitutional," he said. "It clearly protects the First Amendment rights of the individuals desiring to worship." Mayer cited an incident at a church in San Antonio, Texas, last year in which about a dozen protesters threw leaflets at congregants and shouted anti-Israel comments during a Sunday church service. Security guards eventually removed the protesters and they received criminal trespass warnings, according to a San Antonio Express-News report of the incident. "We've been hearing about instances across the country where groups entered houses of worship and actually disrupted those services," said Mayer, who didn't cite any examples from Missouri. "It seems absurd to me that someone could come into a worship facility and disrupt someone's First Amendment right to worship." He said the law is "content neutral" and not aimed at any particular group. "It just protects Missourians' First Amendment rights to worship as they please," he said. The Missouri Family Policy Council, a Christian lobbying group, praised the bill's passage. In a June letter to supporters, council executive director Joe Ortwerth detailed several disturbances by pro-gay rights groups and anti-war protesters at churches across the country. "The actions we have witnessed in recent years go beyond matters of peace disturbance, trespassing, and public nuisance," he wrote. "They are concerted actions by some to deprive citizens of their fundamental constitutional right to exercise their freedom of religious expression. Such actions require a decisive response by government to secure this essential civil liberty." The state Legislature passed similar legislation 2006 to restrict protests near funerals, but that law was struck down by a federal judge in 2008. The house of worship bill passed on May 18 – the last day of the legislative session, after the House dismissed its substitute version and approved the version of Mayer's bill that passed the Senate. Gov. Jay Nixon signed the bill on July 10, according to state records. In its lawsuit, SNAP explains why the organization chooses to demonstrate near churches. "The purpose of leafleting and picketing in this location is to reach an audience of persons who may have been raped or physically or emotionally abused by clergy members with SNAP's messages that victims of child rape are not alone and have rights," the suit states. Contact: rpatrick@post-dispatch.com
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