Pro-life Pastor Walter Hoye was found guilty of violating “The Bubble Law,” a city law that provides an 8-foot buffer zone between pro-life protesters and women entering the abortion clinics. He was sentenced to 30 days in jail and ordered to stay 100 yards away from the clinic where he was arrested for the next three years.
According to the Oakland Tribune, Pastor Walter Hoye, is the first person charged and found guilty of the city’s two-year-old law and must also pay $1,130 in fines and remain on probation for three years after either serving his 30 days in county jail or entering an alternative program run by the sheriff’s department.
Pastor Hoye’s case, has garnered national attention from Christians and pro-life supporters, many of whom traveled from as far as Dallas in support of the beloved pastor, who they said was having his First Amendment rights taken away. Some believe that he was especially targetted by the abortion clinics.
As reported by the Tribune, the courtroom’s atmosphere was charged and filled with both pro-choice and pro-life activists. Supporters of both groups also crammed the hallways of the courthouse before the hearing and shouted at each other as they jockeyed for a seat.
The ruling was made by Alameda Superior Court Judge Stuart Hing.
The tensions flared after the hearing. One pro-lifer wrestled with sheriff’s deputies as he shouted at the judge, condemning him for placing Hoye in jail, while others sang “We Shall Overcome.” Many Christians were shocked at the news of Pastor Walter Hoye’s arrest and believed he was convicted wrongly.
“It is my prayer that God’s name be glorified and the life of His Son Jesus Christ be revealed in me,” said Hoye while he awaited his sentence.
“It’s not an issue of pro-life or pro-choice, it’s about the ability of a man to stand up and speak his truth,” said Dion Evans, shortly before he was restrained by sheriff’s deputies as he shouted at the judge.
Judge Hing said he received stacks of letters in support of Hoye. Perhaps they helped to reduce the sentence. Pastor Hoye was facing up to two years in jail and $4000 in fines.
Alameda County Deputy District Attorney Robert Graff, who tried the case, argued that Hoye was not an innocent man standing on a sidewalk with a sign but someone who violated a city law.
“To suggest that he was merely holding a sign on the sidewalk does not speak to the totality of what is going on here,” Graff said. “This is a balancing of rights here. These people’s rights have to be balanced as well.”
Hoye’s defense attorneys, paid for by the Life Legal Defense Foundation, argued, at times with tears in their eyes, that the law was unconstitutional and that a punishment of jail was cruel and unusual.
Graff, who agreed Hoye should not be placed in jail, suggested the Judge place him on probation for 3 years with an order to stay 100 yards away from the abortion clinic. Graff said, “If Hoye did not agree to that, he should be sent to county jail for two years.”
Hing sentenced Hoye to 30 days in jail with the option of entering a sheriff work-release program that allows him to do sheriff-sponsored community service in exchange for jail time.
Hoye was warned with a threat that if he was found approaching women at the abortion clinic in the future, he would be in violation of his probation and could face additional time in jail.
Meanwhile, Life Legal Defense Foundation is challenging the city’s law in federal court.
This article is not entirely accurate on multiple points, and the “Fundamentalist Farce File” comment doesn’t attempt to make any case for why this article is “more objective” than others. I’ll tell you why – because the others told the truth.
I was in attendance in that courtroom, and for nearly three hours in the hallway beforehand, as well as present when Walter finally emerged hours later. I saw the physical bullying and screaming of one of the self-proclaimed clinic “spokesperson” in the hallway – she was throwing herself at people and then screeching that they pushed her, as if she were an elementary kid on a playground. Clearly she had a lot of experience in manipulating crowds and law officers, but the sheriff she screamed for told her to stop it and reminded her that “patience is a virtue”.
The hallway was filled with Walter’s supporters, about 150. The clinic’s supporters numbered about 40. They were almost all white and over 60. Walter’s crowd was multi-generational, multi-racial, both Catholic and Protestant and non-sectarian, and equal parts men and women.
Let it be absolutely clear that sentencing is NOT in effect. Walter Hoye asserted his legal right to refuse the sentencing, preferring to be sent to jail. Because the judge was not willing to put him in jail, Walter went free, with no restrictions. The sentencing is continued until a March date.
Assistant D.A. Graff clearly didn’t know his civil rights or intellectual history: he MOCKED Walter’s quote of MLK’s Letter from a Birmingham Jail – “An unjust law is no law at all”, originally penned by Augustine. Graff needs to brush up on the writings and principles of our nation’s most central civil rights leader before he goes mocking and abusing a man who follows peacefully in those footsteps, fully within his rights and obeying all existing laws.
Hoye was given no such “threat” about approaching women, and it is pointless anyway because he never approached anyone, as the video evidence made clear. He was only convicted (on the judge’s biased instruction to the jury) on 2 lesser counts of “intent” to approach, rather than actually convicted on any major account of approach of any kind. In fact, as you’ll see on the videos (see http://www.lldf.org) the CLINIC ESCORTS were HARASSING HIM, and showing no respect for his physical person.
Walter told the judge he would respect the law, even though it is utterly unconstitutional and unjust, and he already had been respecting the law. The law is 100 feet, and Walter respected that. The judge tried to increase that distance to 100 yards, which is ridiculous.
This is an outrageous case which the judge knows he should have dismissed.
Dion Evans, an outstanding African American pastor from Alameda, did not “wrestle” with anyone. He demanded the police not touch him, and he left the courtroom of his own free will. The judge listened to what Evans had to say, and then left first, without ordering any detaining of Evans.
Make sure you consult a few more sources before you let the biased Oakland Tribune tell you what happened.
I am praying for Pastor Hoye who like many of us in pro-life ministry is simply in obedience to the love of God to reach out to women in our community. He is a hero to many children who stand in accordance to Christ.
I think what everyone needs to do in these situations, is to have video recording constantly, the technology is there, and the truth will set everyone free. If such inaccuracies still go on, the internet is a powerful tool to show to all the real truth and put any biased or discriminating news to shame.
We dont want any dumb sheep everyone has cell phones these days that can record, and digital cameras are dirt cheap these days.
The internet is great for voicing and showing such things and all will see the truth
We just heard that Rev. Hoye is in the prison infirmary due to his liquid fast. Please let him know that he has many friends praying for him. We admire his attitude and sacrifice. Jesus be with him.