Anti-abortion groups, county settle suit over pandemic arrests outside Charlotte clinic

Two anti-abortion groups have settled their federal lawsuit against Mecklenburg County, which arose from the pandemic-related arrests of protesters outside a Charlotte clinic.

The groups’ claims against the City of Charlotte continue, David Benham, president of one of the plaintiffs, Cities4Life, told The Charlotte Observer on Thursday.

On April 4, 2020, Charlotte-Mecklenburg Police arrested eight protesters belonging to either Benham’s group or fellow plaintiff Global Impact Ministries.

The arrests occurred during a demonstration outside A Preferred Women’s Health Center, an abortion clinic on Latrobe Drive in southeast Charlotte.

Police said at the time that those arrested had violated North Carolina’s COVID-19-related ban on gatherings of more than 10 people. The policy, which was put in place statewide on March 10, 2020, was rescinded that April 29.

In their complaint, the groups claim that protesters were complying with the ban but were arrested anyway, violating the group’s First Amendment protections of religion, speech and assembly.

The case received national exposure when Sen. Ted Cruz, R-Texas, without providing proof, claimed that the arrests were a case of partisan overreach by the Democrat-run county and city.

“This is an unconstitutional arrest,” Cruz tweeted. “@BenhamBrothers exercising core First Amendment rights. PEACEFULLY. In a way fully consistent w/ public safety. Because elected Dems are pro-abortion, they are abusing their power — in a one-sided way — to silence pregnancy counselors.”

Under the settlement, which was announced Thursday, Mecklenburg County agreed to pay the anti-abortion groups $20,000.

The county also promises that any future emergency policy related to COVID-19 must exempt “outdoor gatherings for the purpose of religious or spiritual worship, or for the purpose of engaging in First Amendment protected speech and assembly ... provided that all other measures for social distancing applicable to other similar activities are followed.”

The exemption would apply to the plaintiffs’ “sidewalk prayer and related peaceful pro-life advocacy that plaintiffs were engaged in on April 4, 2020,” the settlement states.

A copy of the filing supplied by Alliance Defending Freedom, a conservative Christian legal advocacy group that represented Benham and the anti-abortion groups, shows that Mecklenburg County Manager Dena Diorio signed the settlement on March 17.

ADF said in a statement that “Mecklenburg County officials have conceded that the First Amendment protects the pro-life citizens’ public advocacy.”

Andrew Fair, a spokesman for Mecklenburg County, said in an email that the county “does not have any further comment beyond what is in the settlement agreement.”

The court fight arose out of the collision of two polarizing issues — the daily protests outside the city’s abortion clinics; and pandemic restrictions on gatherings put in place by the county and city in early March 2020.

Several days before the arrests, Calla Hales, executive director of the Latrobe Drive clinic, told the Observer that protesters had created “a public health nightmare” by violating social distancing protocols and approaching patients without wearing gloves or masks.

On April 4, police said about 50 protesters gathered outside the clinic in violation of the state’s stay-at-home order, the Observer previously reported.

“After an initial request for compliance, 12 people who were in violation refused to leave” and were cited under state law for violation of emergency restrictions, according to a police news release.

After police issued the citations, eight of the protesters, including Benham, still refused to leave and were arrested.

According to his lawsuit, Benham said the protesters were “mindful of both the risks of COVID-19 and the recent state and local orders,” and they “adhered to applicable regulations and guidance.”

That included maintaining social distancing by standing at least 6 feet apart and having hand sanitizer available.

“In fact, they even used sidewalk chalk to mark and maintain appropriate distances between individuals,” Benham said in the complaint.

Where the groups’ complaint against the City of Charlotte now goes is unclear.

Charlotte attorney Daniel Peterson, who represents the city in the case, did not respond to an Observer email Thursday seeking an interview.

A spokesman for the City of Charlotte said Friday it does not comment on ongoing court matters.