Injunction halts new law aimed at ending deceptive practices at Illinois pregnancy centers
A federal judge issued a preliminary injunction to halt enforcement of Illinois' newly signed Deceptive Practices of Limited Services Pregnancy Centers Act.
"The bill is painfully and blatantly a violation of the First Amendment," U.S. District Judge Iain Johnston said Thursday in Rockford's federal courthouse.
The act, signed by Gov. JB Pritzker last week, bans crisis pregnancy centers from using "misinformation, deceptive practices, or misrepresentation" in order to interfere with access to abortion services or emergency contraception. Violators faced up to $50,000 fines.
More: Illinois ‘crisis pregnancy centers’ could face legal action under new bill
Johnston listened to over four hours of testimony from anti-abortion advocates during an emergency hearing Thursday afternoon. Witnesses said law has had a chilling effect on their rights to free speech and expression and their ability to distribute literature that identifies alternatives to abortion.
Kevin Rilott, director of the Rockford Family Initiative and a plaintiff in the lawsuit, said before the law was enacted as many as 100 people attended regular prayer vigils. From that group, he drew his "sidewalk counselors," people who routinely gather on the sidewalk outside of abortion centers and confront women with the literature.
After the law as passed, Rilott said the number of prayer vigil attendees dropped to about 30 people and greatly reduced the pool of potential sidewalk counselors.
"It's going to stop us from offering mothers a choice," Rilott said.
The bill was championed by Attorney General Kwame Raoul. The law allows the Attorney General's Office to investigate complaints against pregnancy centers using questionable tactics and strengthens the Attorney General's authority to prosecute incidences of consumer fraud in such cases.
"There's no doubt who the Attorney General wants to win or lose in the market place of ideas, but the government doesn't get to decide that," Johnston said. "The people do."
Attorney Peter Breen of the Thomas More Society, a not-for-profit Chicago-based law firm, represented the plaintiffs. Breen said he was pleased with the judge's decision.
"It was very heartening to know that the judge recognized that our clients are facing a credible threat, that their speech is being chilled. And that's really important.
"No matter which side of the abortion issue you're on, we don't silence speech," Breen said. "The judge made that point very clearly today."
Chris Green: 815-987-1241; cgreen@rrstar.com; @chrisfgreen
This article originally appeared on Rockford Register Star: Anti-abortion advocates celebrate First Amendment victory
