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!

School District Stands Up to Atheists

Earlier this year, we shared the news that Advocates for Faith & Freedom had agreed to represent the Chino Valley Unified School District in a high-stakes federal case involving the constitutionality of allowing an invocation at the start of school board meetings. The district asked us to represent its interests after a lower court judge declared its prayer policy unconstitutional. James Long, a staff attorney for Tyler & Bursch, LLP, is working on the case for us and has spent the entire summer diligently preparing briefs for the federal appeal. With hundreds of hours already logged in this case, we expect to submit our opening brief to the 9^th U.S. Circuit Court of Appeals within 60 days. In addition to the official filing, numerous organizations will be supporting our effort through their own amicus briefs.

As you may recall, the Freedom From Religion Foundation (FFRF) took exception to Chino Valley’s pre-meeting prayer policy and, in November 2014, filed a lawsuit seeking to block it. The anti-religious freedom group took the legal action despite the fact that just five months earlier the U.S. Supreme Court upheld the constitutionality of legislative prayers at city council meetings. In Town of Greece v. Galloway, the court sanctioned the practice as long as the city has a nondiscriminatory process in selecting volunteers who offer the prayers.

The significance—and possible ramifications—of the Chino Valley case has also garnered attention in scholarly circles. In a January 2015 article in The Journal of Law & Politics, author Marie Elizabeth Wicks explores how the Town of Greece ruling should also apply to local school district boards.

“Because school boards are deliberative public bodies and are nearly identical in structure to town boards like that in Town of Greece, school boards also should be allowed to solemnize the start of meetings with a brief prayer,” Wicks wrote in reference to our case.

FFRF is, in essence, trying to inoculate its position from the Supreme Court ruling by arguing that the presence of students at the board meetings shifts the focus of such gatherings from a business meeting to a school setting. But as writer Wicks rightly argued in her Journal of Law & Politics article, the presence of students in the audience does not negate the historical significance of such prayers, a key finding in the High Court case.

“The striking similarities between school boards and the Greece town board support the logical extension of the Town of Greece principles to school boards’ prayer practices,” Wicks wrote. “In both situations, an opening invocation acts to solemnize the occasion and is directed toward the board members.”

Chino Valley’s policy, which was adopted in 2013, does in fact allow all religious organizations an opportunity to participate and works to ensure equality in the process by sending out invitation letters to all religious assemblies in its area.

The implications from the case are great and extend well beyond the Southern California school district. Not only is the issue of school district prayer the first of its kind to reach the 9^th Circuit Court, but it is also the first case in the nation to reach the federal appeals level since the pivotal Town of Greece ruling.

While we have completed a great deal of legal research, much work still remains. This is where you can help partner with us to ensure that local school districts maintain the same rights the U.S. Supreme Court has already confirmed on town councils as “deliberative public bodies.” As you can imagine, the costs associated with mounting such a significant legal defense can escalate quite quickly. To that end, Advocates for Faith & Freedom is helping to underwrite the costs with the Tyler & Bursch legal team.

Would you prayerfully consider contributing to this vital cause for religious liberty? We can think of no more fitting way to help guide our educational policymakers than by ensuring they retain their constitutional right to begin their deliberations with the historical act of prayer.

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.

Help Us Get Bibles for Belizean Defense Force

It has been a number of weeks since my last correspondence. I apologize for the delay. We spent close to one month in a religious liberty jury trial from mid-May to mid-June. As a result, I simply didn’t have the time to write and get out our regular monthly newsletters. Let me bring you up to speed on a few important things we have been working on.

Bibles for the Belize Military

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 Belizean 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!

When John told me about this opportunity, I couldn’t resist the opportunity to bring this to Advocates for Faith & Freedom. 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.

I plan to personally deliver the Bibles to the Belizean military with John as soon as we can raise the money to buy the Bibles. We will have the opportunity to hold Bible studies for many of the troops. In contrast to the U.S. military chaplaincy policies, the doors are wide-open to the Gospel in Belize.

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!

In the Hands of a Jury One of our attorneys, Jordan Bursch, and I spent 3 ½ weeks in a jury trial in downtown Los Angeles that led us to a new realization of the environment in which we live. Our client, who asked to be left anonymous, filed a suit a few years ago through another attorney claiming religious discrimination against his former employer, the Metropolitan Water District. Just a couple weeks before trial, we were asked to take the case over. Unfortunately, we had to fight as though we had “one arm tied behind our back”   due to the   prior   attorney’s agreement to exclude substantial evidence.

Picking a jury was extremely enlightening to the state of our culture. During voir dire, we were able to question and exclude numerous jurors who appeared blatantly biased. One juror claimed that “religion is the root of all evil and Christians are the worst.” Another young professional said she was an atheist and could not be unbiased in a religious discrimination case. A high ranking official at UCLA said he was atheist, grew up in communist China, and didn’t believe that anyone should have the right to bring a claim of religious discrimination, regardless of the First Amendment. A young homosexual man said that he believed that whenever he heard of a Christian claiming discrimination, “it was really the Christian doing the discriminating and doing harm to others.” This comment broke my heart as this young man does not understand true Christianity.

While we initially persuaded five of the jurors needed to prevail, the jury ruled that we were not able to show enough evidence of discriminatory intent. Even though we established clear evidence that our client’s immediate supervisor stated, among other derogatory things, that “Jesus isn’t going to save your job,” it was not enough. The burden of proof is very high for proving religious discrimination. You can imagine how easy it is for a large institution to hide their real intent for terminating an employee with vague and benign reasoning.

We knew the likelihood of success would be pretty slim when we took over this case just a few weeks before trial. However, we felt led by the Lord that this gentlemen needed our help regardless of the probable outcome. Sometimes we are called by God to show up and advocate a righteous cause in spite of the odds. I am learning more and more in this post-Christian era that we must respond to God’s calling and leave the results to Him.

Defending Prayer at School Board Meetings

Lastly, I wanted to ask you for your prayer as we work extensively this summer on briefs that will be due in September in the Ninth Circuit Federal Court of Appeal. We agreed to take over the defense of the Chino Valley Unified School District in the Ninth Circuit appeal where a District Court judge ordered the School District to cease and desist its practice of allowing an invocation at the beginning of School Board meetings. This case will likely have a national impact as many school districts nationwide have a practice of allowing invocations at the beginning of their meetings. Please pray for us to have wisdom as we research and write our legal arguments.  

Thank you for your financial support to our ministry. Because of your generosity, we can quickly come to the aid of worthy causes like these. Know that we will continue to work diligently to protect religious liberty and our First Amendment right.

Physician-Assisted Suicide now a Legal Medical Treatment in California

California has joined a dubious list of American states that have now embraced physician-subscribed suicide on its most vulnerable citizens—the terminally ill. Beginning last Thursday, the Golden State became the fifth to allow the practice of prescribing death-inducing medication as a form of medical treatment. According to the End of Life Option Act, patients must have been determined to have six months or less to live and also be able to administer the fatal dose themselves. The law went into effect despite valiant bi-partisan opposition to the measure. Several high-profile Democrats joined their conservative counterparts in arguing about the dangers of the proposed bill, blocking it in committee. Not to be deterred, the Legislature’s Democratic leadership—bent on their anti-life agenda—ignored the pleas in their own party, using a tactical approach to resurrect the measure. Once party leaders bypassed their reluctant caucus colleagues, the measure sailed to passage and was signed into law by Gov. Jerry Brown, despite his own misgivings on their backdoor approach. An attempt to overturn the law at the ballot failed to garner enough signatures to qualify for the ballot, paving the way for its implementation.

Although the progressive legislature has succeeded in creating the law, their biggest hurdle may be the medical community itself, as a major provision in the act allows hospitals and physicians to opt out from prescribing the fatal drugs. Although most faith-based hospitals are expected to ban the practice at its facilities, at least one secular facility is also considering opting out of the Act. According to the Los Angeles Times, Huntington Memorial Hospital in Pasadena has asked an ad-hoc committee to review the issue, although doctors are being allowed to prescribe the suicide pills while the policy is under review.

At UCLA, Dr. Neil Wenger, director of the university’s Health Ethics Center, told the L.A. Times that he’s developing the campus’ policy but said he will likely not participate because of his personal oath to save lives. “We have always, up till now, been able to say we will never hasten a death,” Wenger told the newspaper. “Suddenly, that bright line is not so bright.”

A new web page has been created to track possible abuses to the law in California and beyond.