On Friday the Rev. Walter Hoye of Berkeley, California, was ordered to serve 30 days in county jail by Judge Stuart Hing of the Alameda Superior Court. Rev. Hoye had been found guilty on January 15, 2009, of unlawfully approaching two persons entering an abortion facility in Oakland. Judge Hing had also ordered him to stay one hundred yards away from the abortion facility for three years. However, Rev. Hoye refused this term of probation and would not agree to a stay-away order. Therefore, the judge denied the defense motion to stay the sentence pending appeal. Mr Hoye was taken into custody from the courtroom, reports LifeSiteNews.com.
At a hearing on February 19, Judge Hing stated that he had not intended to impose any fine or jail time on Rev. Hoye if he would agree to stay away from the abortion facility. After Rev. Hoye refused to agree not to offer alternatives to abortion-minded women, Judge Hing imposed a 30-day sentence and $1130 fine.
Dozens in the African-American and pro-life communities from around the nation who came out in support of Rev. Hoye were outraged by the sentence.
“It is absolutely incredible that in America an individual can be sentenced to jail for engaging in peaceful free speech activity on a public sidewalk,” remarked Allison Aranda, Staff Counsel for Life Legal Defense Foundation. “Rev. Hoye is being singled out for particularly harsh punishment because he refused to agree not to offer help to women considering abortion. Where is the justice in that?”
Fr. Frank Pavone, National Director of Priests for Life, today denounced the sentence leveled against the pastor.
Rev. Hoye, said Pavone, “has just begun serving a sentence which is blatantly unjust. Rev. Hoye did no violence, but rather attempted to stop violence by his prayerful presence at an abortion mill in Oakland.
“He was right to refuse to promise not to approach the abortion facility. By intervening for these children, he simply seeks to fulfill the command, ‘Do to others what you would have them do to you.’ No government can put a cap on peaceful efforts to save children from violence.”
Rev. Hoye is an African-American pastor who says he feels a special calling to work for the end of what he calls the genocide by abortion taking place in the African-American community. As part of his efforts, he stands in front of an abortion facility in Oakland with leaflets offering abortion alternatives and a sign reading, “Jesus loves you and your baby. Let us help.”
In response to Rev Hoye’s efforts, the Oakland City Council passed an ordinance making it a crime to approach persons entering abortion centers to offer alternatives to abortion. Approaching women to encourage them to enter the clinic is permitted, according to City policy.
According to 2004 statistics from the National Center for Health Statistics, about 37 percent of pregnancies of black women end in abortion, compared with 12 percent for non-Hispanic white women and 19 percent for Hispanic women.
LLDF Legal Director Catherine Short and attorney Mike Millen, who also represented Rev. Hoye at trial, are currently challenging the constitutionality of the ordinance on Rev. Hoye’s behalf in federal court. They say they are hopeful the ordinance will be struck down and Rev. Hoye vindicated.
Report from the Christian Telegraph