Pro-Lifer Counterclaims Against DOJ, Claiming Interference With Speech and Free Exercise Rights

Last month, the U.S. Department of Justice filed a civil complaint under the Freedom of Access to Clinic Entrances Act against Angel Dillard, a Kansas woman who sent an intimidating letter to Wichita physician, Dr. Mila Means, who was training to offer abortion services. The letter read in part: "You will be checking under your car everyday- because maybe today is the day someone places an explosive under it." The lawsuit seeks an order barring Dillard from contacting the doctor or coming with 250 feet of her, her home, car or place of business. (Justice Dept. press release, 4/7/11). The Wichita Eagle and KNSS Radio News reported today that after a ruling last month by the court that while Dillard's letter was meant to intimidate, it was not a true threat, Dillard has filed a counter-claim seeking damages against the government. Her counter-claim alleges that the government's actions "have had, and continue to have an unlawful chilling effect on Defendant's and others' right to free speech and free exercise of religion." It also contends that the government has interfered with Dillard's right to worship where she chooses because her church is located less than 250 feet from Dr. Means' office.