Christian Vindicated! Ninth Circuit Finds Arrest Unlawful by CHP Officer

Pasadena, CA. Today, three federal appellate judges in the Ninth Circuit issued a final ruling in favor of a Christian man, Mark Mackey, who was arrested for reading the Bible aloud in front of the California Department of Motor Vehicles in Hemet, CA in 2011. Read the ruling here. The CHP Officer, Darren Meyers, erroneously cited Mr. Mackey for violating a state law that forbids the interference with an open business through obstruction and intimidation. The Ninth Circuit rebuked the officer’s fabricated claims in his police report:

Upon arrival, Meyer encountered Mackey reading his bible aloud in a dirt patch, neither obstructing nor intimidating anyone in line. Meyer avers that Mackey was “yelling at the people waiting in line,” “that there was obvious verbal confrontation between the group of men and the people standing in line,” and that the “confrontation was heated and nearing a physical state.” That version of events is completely belied by video and audio footage which does not reveal any confrontations whatsoever, and merely shows Mackey reading the bible aloud somewhat apart from people standing in line.

View the video of the arrest. This story was widely covered by Fox News and many other news outlets shortly after the arrest: Fox News Video.

Representing Mr. Mackey, Advocates for Faith & Freedom filed a federal lawsuit for unlawful arrest arguing the officer had no basis or probable cause to arrest Mr. Mackey. Mr. Mackey offered to dismiss his suit if the CHP simply admitted the arrest was unlawful and agreed to properly instruct its officers. The CHP rejected that offer and Mr. Mackey was instead criminally prosecuted in California state court in the County of Riverside.

View our previous press release that outlines the facts and charges.

However, Mr. Mackey prevailed in the criminal prosecution and was found not guilty of the charges. Thereafter, Mr. Mackey’s federal case continued ending up in the Ninth Circuit Federal Court of Appeal.

Robert Tyler, who argued in the Ninth Circuit on behalf of Mr. Mackey, stated, “An innocent man exercising his religious liberty and free speech was criminally prosecuted based on erroneous claims put forth by a false and deceitful police report. It appears to me that the arrest and prosecution of my client was politically motivated because they did not agree with my client’s speech. But that is exactly why our founders created the First Amendment – to protect even disagreeable speech. Today’s decision renews my hope in the justice system.”

Mark Mackey stated, “Justice still prevails. I am excited that our country is going in the right direction.”

Co-counsel and volunteer criminal defense attorney Nic Cocis commented, “It is refreshing to know that our system still works. The video evidence clearly contradicted the claims of the officer, but it took our appeal to the Ninth Circuit before justice could be realized. The officer and the CHP should be held accountable for their disregard of constitutional liberties.”

NINTH CIRCUIT COURT OF APPEALS, Case No. 15-55186

Advocates for Faith & Freedom is a nonprofit public interest law firm dedicated to protecting religious liberty in the courts. You can visit our website at www.faith-freedom.com.

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Update on "Bibles for Belize"

We have been asked to extend our advocacy for faith to the military personnel in the Central American country of Belize. A close friend of mine, John Gotz, serves as a missionary in Belize and as a military chaplain to the Belize Defense Force of approximately 3,000 troops. The country’s leading General has requested that John acquire 5,000 Bibles to deliver to each member of the military! Would you please participate in this outreach by generously donating to Advocates so that we can purchase the Bibles and advocate for our Christian faith internationally? The Bibles will probably cost us approximately $15,000 and we have raised approximately $10,000 so far. I plan to personally deliver the Bibles to the Belize military with John after we raise the remaining money to buy the Bibles. We will have the opportunity to hold Bible studies for many of the troops.

You can designate a specific gift by referencing “Bibles for Belize.” Thank you for your prayer and generosity.  We won’t be able to do this without your generous partnership!

Three of our Cases Pending in the Ninth Circuit

Is reading the Bible aloud in public “illegal?” You may recall that in 2013, we defended two men who were arrested by a CHP officer because they were reading the Bible aloud in a DMV parking lot. The men were arrested for “obstructing or intimidating persons there to transact business” with the DMV. The District Attorney’s Office prosecuted our clients for a misdemeanor. However, we were victorious at trial and  our  clients were  found to be  innocent  of  the charges.

This entire case was based on two police reports written by the arresting CHP officer who fabricated events to justify the arrest. Thankfully, video recordings provide the truth. We offered the CHP the opportunity to avoid a federal lawsuit by admitting the arrest was unlawful and agreeing to properly instruct its officers. We filed a federal lawsuit for unlawful arrest in federal court after the CHP rejected our proposal. The federal district judge ignored the video evidence and ruled for the CHP. We then filed an appeal to the Ninth Circuit Federal Court of Appeal.

We appeared for oral arguments in the Ninth Circuit before a three-judge panel on December 9, 2016. The decision from the Ninth Circuit should come sometime next year. Please pray for God’s divine wisdom and guidance as we proceed in this case.

Is it “illegal” to allow invocations at school board meetings?

The Freedom From Religion Foundation is aggressively pushing its agenda. They sued the Chino Valley Unified School District because it allowed a pastor or religious leader to open each school board meeting with an invocation. After a federal district court judge declared the invocations to be unconstitutional, the School District asked us to appeal their case to the Ninth Circuit and to  take  over their  defense.

The so-called “separation of church and state” does not  exist  in the  Constitution,  but has been used in an  attempt to eliminate all influence of a Christian worldview in our government.  We will defend the school district all the way to the U.S. Supreme Court if needed so that our leaders can properly begin their meetings with reverence for God and recognize their moral responsibility in government.

The outcome of this case will impact the judiciary nationally and will likely be binding on all of the nine states under the Ninth Circuit’s jurisdiction and more than 60,000,000  residents.  Prayers have been offered at the beginning of legislative meetings since the founding of our country. The U.S. Supreme Court has upheld the practice in state legislative meetings and city council meetings. 

Is  it “legal” to force all Christian pregnancy counseling centers to give abortion referrals?

This is precisely the question we were asked by our client, Pastor Scott Scharpen, the president  of Go Mobile for Life—a nonprofit crisis pregnancy counseling center that operates a mobile medical clinic providing free ultrasounds.

The State of California recently enacted a new law that requires pregnancy counseling centers to give their clients a notice that “California has public programs that provide immediate free or low-cost access to comprehensive family planning services (including all FDA-approved methods of contraception), prenatal care, and abortion for eligible women.” The notice must also include the phone number to the county social services office where abortion information can be obtained. The abortion notice must be posted in a conspicuous place within the waiting room or personally delivered to each patient.

Although there are some exemptions to the law, they appear to apply to Planned Parenthood and other abortion providers, but there is no exemption for religiously-based counseling centers.

We partnered with our friends at American Center for Law and Justice and filed a lawsuit on behalf of Go Mobile for Life in California state court where we are presently in active litigation and conducting depositions. We also filed a federal lawsuit on behalf of Livingwell Medical Clinic in northern California. After the initial three-judge panel in the Ninth Circuit denied our request for a preliminary injunction, we filed a petition “en banc” wherein we are requesting all of the judges in the Ninth Circuit to vote on whether an eleven-judge panel should be appointed to rehear the case.

As you can see, we are extremely busy preparing and strategizing on these three cases, as well as many others. We certainly appreciate your prayers and any contributions you can offer to assist us as we take a stand in the courts.

Orange County Board Now Facing Prayer Challenge

  The Freedom from Religion Foundation, which is suing our client, Chino Valley Unified School District, over CVUSD’s prayer invocation policy, is expanding its intimidation campaign by setting its sights on another Southern California school board. The anti-religion FFRF has now sent a cease-and-desist letter to the Orange County Board of Education demanding it stop similar prayers before its meetings. It is also insisting that the governing body remove the phrase “In God We Trust” from the wall behind its official dais.

According to the Orange County Register, the letter was sent to the governing board late this summer, and several members of the public expressed their concerns about the practice during meetings earlier this fall. On Nov. 16, however, dozens of local residents urged the board to continue with its prayer policy. In the article, reporter Roxana Kopetman referred to our case and quoted Robert Tyler, founding partner for Tyler & Bursch, LLP and Advocates for Faith & Freedom.

“We’re fighting for the invocations,” the article quoted Robert as saying. “It’s something that’s been going on since the founding of our country.”

Our case is now before the 9^th U.S. Circuit Court of Appeals after a lower court sided with FFRF. After losing at the trial court level, Chino Valley hired Tyler & Bursch to represent them during the appeal, which is expected to be heard late next year. Advocates for Faith & Freedom is helping to underwrite the costs with the Tyler & Bursch legal team.

We are confident that we will prevail with the appeal since the U.S. Supreme Court—in the 2014 case Town of Greece v. Galloway—sanctioned the practice of public prayer as long as municipalities use a nondiscriminatory process in selecting the volunteers who offer the prayers. The Orange County policy allows any faith group to pray and randomly selects who will offer the invocation.

In the meantime, we have offered our expertise in representing the Orange County Board of Education in any litigation it may face over its invocation policy. As always, Advocates for Faith & Freedom offers these services pro bono. We appreciate the financial support from friends like you who help make it possible for us to fight these court battles. Thank you!

State to Squelch Undercover Reporting

In the wake of last year’s release of undercover videos depicting Planned Parenthood officials brokering in baby parts (including custom orders for specific parts), at least six states have yanked public funding for the nation’s largest abortion mill. California’s response? Punish the messenger.

Despite existing laws banning recordings without the permission of all parties, Assemblyman Jimmy Gomez (D-Los Angeles) has introduced AB 1671, which provides additional protections for healthcare

providers by making it illegal to distribute videos or transcripts of private conversations on any medical-related topic, not just a patient’s medical history. That means investigative reporters and researchers would be stripped of a vital tool in depicting unethical or illegal behavior such as billing practices and price setting for pharmaceuticals, to name a few.

The bill, which is now on its way to Gov. Jerry Brown’s desk, is opposed by the media outlets across the state, including the Los Angeles Times, which said that it would “disincentivize potential whistleblowers from recording malfeasance when they witness it.”

It is interesting to note that the left never seems to complain about such undercover recordings when it comes to disclosing the treatment of cows, pigs and chickens during the manufacturing process, but the gruesome treatment of babies is off limits.

Contact the governor about this bill by clicking here. To read more about this bill, click here.

UPDATE ON SB 1146

Bowing to intense pressure, state Senator Ricardo Lara (D-Long Beach) removed the last objectionable content language in his bill targeting the religious beliefs of Christian colleges. A discriminatory provision requiring all faith-based institutions to report to the state the reason for expelling any students has been dropped. The bill is now on its way to the governor.

Let's Get This Done!

  Advocates for Faith & Freedom is honored to spearhead the fundraiser, “Bibles for Belize,” to help spread the Gospel to the Belize Defense Force. This is an opportunity for us to exercise our First Amendment right to spread the Gospel of Jesus Christ throughout the world. As stated in Matthew 5:14, we strive to be “the light of the world. A city that is set on a hill cannot be hidden.”

After we learned that a Belizean general wanted a Bible for every soldier, we jumped into action by asking supporters of Advocates to help raise $15,000 to purchase Bibles.

We have raised $5,932 because of your generosity. We are one third of the way toward reaching our goal. We will be purchasing 5,000 Bibles (Old and New Testaments) for $3.00 each. It may not be possible for you to travel to Belize as a missionary yourself, but this is your opportunity to sow seed by participating and fulfilling the Great Commission. And He (Jesus) said to them, “Go into all the world and preach the gospel to every creature.” Mark 16:15 (NKJV)

Please join us today to help reach this goal. Every dollar counts, whether you can give $5, $25, $500 or $1,000…..together we can get this done!

You can send a check or visit our website and be sure to designate the gift to “Bibles for Belize.”

God bless you for your prayerful consideration.

Bibles for Armed Forces in Belize

As many of you have heard, Advocates for Faith & Freedom and its supporters, are raising $15,000 to purchase Bibles for the Belizean Defense Force. The leading General requested that John Gotz, a friend of mine and a missionary/military chaplain in Belize, provide a Bible for each member of his military. The doors are wide-open to the Gospel here. What an opportunity before us! We’re happy to report that the Protestant Chapel (Christ Chapel) at the Marine Corps Air Ground Combat Center in 29 Palms has donated $2,400 to this cause. The Chapel Pastor, LT Ryan Krause, along with the charitable board, directed the donation because Advocates for Faith & Freedom “reflect the biblical values of our community of faith.” These men and women of faith serving in the US military understand first-hand the importance of these Bibles.

Bob Tyler plans to personally deliver the Bibles to the Belizean military with John as soon as we have met our goal. We will keep you posted on our progress.

Join us in this worthy cause and make a difference that will last for eternity! You can send a gift of any amount either by check or online, designated “Bibles for Belize.” Thank you in advance for your prayerful and financial support.

School District Appeals Federal Injunction on School Board Prayer

After a California federal judge banned the Chino Valley Unified School District Board of Education from opening their sessions in prayer, the board has decided to appeal the no-prayer ruling. The school district recently retained Tyler & Bursch, LLP to represent it on appeal to the Ninth Circuit. Tyler & Bursch’s services are being provided without charge to the school district. Advocates for Faith & Freedom is working in association with Tyler & Bursch, LLP to help underwrite the costs of the appeal.

Our appeal to the Ninth Circuit will focus on the issue of whether a school district can continue with the long tradition of allowing a ceremonial prayer at the beginning of school board meetings. The U.S. Supreme Court has recognized that legislative prayers date back to the first Continental Congress and concluded that the well-established tradition of permitting prayer at City Council meetings, Congress, and state legislative sessions does not violate the Establishment Clause. We believe that the Ninth Circuit will agree when presented with this narrow issue of prayer before school board meetings.

This is a precedent setting case as it is the first case to advance to the 9^th US Circuit Court of Appeal concerning prayer at the beginning of school board meetings.

The following is the Press Release we sent out today.

Persecution of Christians Increases 50%

As we remain committed to protecting religious liberties across the country, it is important to remember that there are millions of believers around the globe who face life-threatening persecution on a daily basis. It’s not surprising then, to discover that a record amount of Christians—as many as 7,000—were executed for their faith last year, according to an annual report by Open Doors USA. The number reflects a 50 percent increase over the previous year and the highest number since statistics have been tracked.

The worst culprit on the list was North Korea, where an estimated 70,000 of the nation’s 300,000 Christians are now imprisoned in labor camps. Those still free remain so by hiding their faith, even from family members.

While North Korea tops the list of the 10 worst countries when it comes to expression of Christianity, the remaining nine are all Muslim countries.

Second on the list was Iraq, where ISIS has systematically targeted Christian believers through genocide and forced conversions. The remaining countries on the Top 10 list are Eritrea, Afghanistan, Syria, Pakistan, Somalia, Sudan, Iran and Libya.

David Curry, President and CEO of Open Doors said the United States must spearhead efforts to bring about change. “As the dominant power in the free world, (the U.S.) must lead the charge in bringing more relief and aid to those suffering.”

Fortunately, the Billy Graham Evangelistic Association is not waiting for the government to act. The global ministry has announced it will hold a summit on religious persecution in Moscow this October in conjunction with the Russian Orthodox Church.

“The World Summit in Defense of Persecuted Christians will shed a global spotlight on this crisis,” said Rev. Franklin Graham during his March 9 announcement. “We will bring delegates from around the world and will be able to join hands with people of other churches and denominations of the Christian faith to pray for our brothers and sisters in Christ and to hear firsthand reports of the suffering that is taking place.”

We're Outraged...You will be too!

As you know, we asked you to pray for us last week as we sought to obtain an injunction against California’s new Reproductive FACT Act. We’re sorry we have not given you an update as we have been extremely busy litigating the two cases – one in federal court in Oakland, CA and one in state court in Riverside County, CA. As we told you last week, this new law requires licensed pro-life pregnancy counseling centers to post or distribute in their reception areas a telephone number where women can obtain free or low

cost abortions.

Unfortunately, the courts ruled against the protection of religiously-based speech. Essentially, the courts both ruled that the government has an overriding interest to ensure that all women have access to free and low cost abortions and contraceptives, regardless of the fact that the government is using pro-life Christian organizations to carry its anti-life message.

This is an outrage and we won’t surrender our free speech to a culture of death.

We are appealing both the federal and state court decisions this week and have sought an emergency injunction from the appellate courts to prevent the law from going into effect on January 1.

We know there are a lot of worthy causes and ministries asking you for support right now.  We would appreciate it if you would consider including Advocates for Faith & Freedom in your year-end contributions.

Our firm’s attorneys have contributed thousands of hours in time and energy over the last few years because of our passion to protect your First Amendment liberties.

We have a lot of work to do in the remaining hours of 2015 as we appeal these cases. Meanwhile, we still have to file another brief in the Ninth Circuit in an entirely separate case.

There will be plenty of work to do in 2016 and we need to be prepared. Advocates is 100% donor supported and can only operate with the financial support from people like you. Would you prayerfully consider a gift today of $10, $50, $500 or whatever you can give?

God bless you and thank you for your consideration!

Robert Tyler General Counsel

For your convenience, you can click here or if you prefer to mail in a donation, just be sure your donation has a postmark of December 31, 2015 in order to receive credit for this year.  Mail to: Advocates for Faith & Freedom at 24910 Las Brisas Road, Ste. 109, Murrieta, CA  92562.