The nation is coming to know about the wonderful victory won yesterday in the Wyoming Supreme Court.

Enjoy! ~ Flip

CHEYENNE, WYOMING, April 10, 2012, (LifeSiteNews.com) – The Wyoming Supreme Court ruled today that the city of Jackson had violated pro-life activists’ First Amendment rights when it prohibited them from holding a protest on the city square last year.

Rev. Chet Gallegher and a Kansas Pastor of Operation Save America were arrested last May 20, when they attempted to hold a three-day vigil to oppose the state’s only abortion clinic, owned by Dr. Brent Blue. That’s when they found out city attorney Audrey Cohen-Davis had sought a temporary restraining order against them without notifying them. The group had no opportunity to defend itself before District Judge Tom Day granted the motion, to prevent the protesters from being in the same location as a group of Boy Scouts.

“We gave them our word that we would not bring our graphic signs to that venue,” Rev. Rusty Lee Thomas of Operation Save America told LifeSiteNews.com. “But we told them we would come, we would preach, and we would hand out Christian pro-life literature. Well, they didn’t believe us. Behind our back, they sought this order. When we arrived, that’s when we find out they had brought this injunction against us.”

Justice Michael Golden wrote the 43-page opinion for the court’s 3-2 majority.

“They ruled that graphic signs in the public square are free speech under the First Amendment, and anywhere we go on the public square that is to be protected,” Thomas said. “These local governments do not have the authority to remove or abridge or violate our First Amendment rights.”

“This is a major ruling,” he told LifeSiteNews. “It’s a great blow against tyranny and a great defense of liberty.”

The ruling made the second pro-life victory for free speech in Wyoming in April. Last week, U.S. District Judge Nancy Freudenthal awarded $30,000 in attorney’s fees to WyWatch Family Action, which sought to set up a pro-life display in the state Capitol Building in Cheyenne.

The group plans to return to the city next month to renew their protests.

Thomas said he hopes Jackson police will better enforce public safety laws this year. “There were six separate incidents where the public used their vehicles to try to run us over,” he said.

“The problem was, because the police did not defend our constitutional rights and did not stop the violence toward us, it escalated. I understand they’re under pressure from the public, but they still have a job to do.”

At a separate protest the group held in Jackson Mississippi, a man with two hunting knives slashed a banner held by senior citizens.

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WND EXCLUSIVE: Court protects graphic abortion images

 April 11, 2012 7:07 am

 The state Supreme Court in Wyoming has issued a ruling protecting the graphic abortion violence photographs and images that pro-life protesters use to shock people into a debate on the procedures used to kill the unborn in America.

The ruling came today in a conflict between Operation Save America and the town of Jackson, which went to court and without notifying OSA obtained an order that the pro-life organization could not exercise members’ First Amendment rights in parts of Jackson last year.

A large part of the town’s concern was the “large photographs” of “disfigured and aborted fetus images.”

According to a report from Jackson Police Lt. Robert Gilliam, “the group has consistently demonstrated throughout the town of Jackson showing the same graphic photographs. The group has refused repeated requests from me and other law enforcement officials to remove these graphic photographs. This came after police received several hundred phone calls, emails, personal visits and face to face complaints from citizens who see the photographs as obscene and offensive.”

The city’s ultimately obtained an ex parte hearing, where a judge issued a temporary restraining order silencing the pro-life message without notifying OSA. The ex parte order resulted in Rev. Chet Gallegher and another of the protesters, ultimately being arrested for violating that order.

The organization, whose members hail from a number of states, dispatched protesters to Jackson in May 2011 to raise awareness to the abortion clinic run by Brent Blue.

Town officials were alarmed that Boy Scouts attending their 2011 annual Elk Fest in the town at the same time might see the images.

But the state Supreme Court found that just as speech on issues of public concern is protected, so are those images.

“We find that the ex parte [temporary restraining order] was issued in violation of the First Amendment to the United States Constitution and Rule 65 of the Wyoming Rules of Civil Procedure,” the opinion said.

The opinion explained that the First Amendment does not protect everything – fraud, defamation, obscenity and fighting words are not protected, for example.

But it added, “Speech on public issues or matters of public concern ‘are classic forms of speech that lie at the heart of the First Amendment.’ … Speech directed at abortion policy is public issue speech.”

“The fact that the messages conveyed by those communications may be offensive to their recipients does not deprive them of constitutional protection,” the panel wrote. “As a general matter, we have indicated that in public debate our own citizens must tolerate insulting, and even outrageous, speech in order to provide ‘adequate ‘breathing space’ to the freedoms protected by the First Amendment,'” the opinion said.

“We find that this level of protection must likewise be extended to the graphic photographs OSA chooses to use in its demonstrations,” the justices wrote.

“The Supreme Court has stated it will not expand the categories of speech that receive limited protection, such as obscenity, unless there is a demonstration of a longstanding American tradition forbidding such speech or expressive conduct,” the opinion said.

The opinion also found that the streets and sidewalks of Jackson are exactly what is thought of regarding a public forum.

Ultimately, the charges stemming from the arrests of the two pastors were dropped, but the appeal was continued to the state’s high court because of the likelihood that the situation can be repeated, since the pro-life protesters plan to return to Jackson in just weeks.

The other protestor told WND that the group’s activities had been routine – handing out brochures about the issue of life, marching sidewalks to declare the message and asking residents to pray for the abortion business operator.

He said while the images do upset people, they should direct their objections to those who made the events captured in the photographs happen.

“Are we more concerned that we’re showing the image, or the fact that the image was produced,” he wondered. “My children grew up seeing those signs, they understand someone hurt the baby.”

Town officials did not respond to a WND request for comment.

Gilliam had explained that he complained to OSA officials about the images.

“The conversations … regarding the graphic signs have been cordial but matter-of-fact like. They acknowledge the signs are graphic and offend most people, but that is their intent. They wish to ‘shock’ the public into taking their side on the abortion debate in this country,” the court ruling noted he said.

“The topic of abortion incites like no other issue in this country today. It divides the nation, our religions, our families, our politics and our society. The issue arouses deep passions that find full expression in full an open and public debate that gives all participants the satisfaction of a fair and full hearing,” the opinion said.

There also was no evidence that there was a danger of a “breach of peace” and no reason to have the ordered issued in secret, the opinion said.

“The town has not met its burden of establishing that the TRO ban was necessary to serve the town’s interest and that less restrictive measures would not have been adequate,” the opinion said.

PRESS RELEASE

FOR IMMEDIATE RELEASE

10 April, 2012

Operation Save America Vindicated In Wyoming Supreme Court

“We find that the ex parte TRO was issued in violation of the First Amendment to the United States Constitution and Rule 65 of the Wyoming Rules of Civil Procedure and reverse.” – Wyoming Supreme Court, April Term, A.D. 2012, Operation Save America Appellant (Defendant), v. The City of Jackson Appellee (Plaintiff)

Wyoming Supreme Court:  Ban on Abortion Protest Unconstitutional!

CHEYENNE, Wyo. – As Operation Save America begins its “States of Refuge” campaign (Statesofrefuge.org) we were greeted with some miraculous news from the Supreme Court of the state of Wyoming today.  It ruled that a lower court order prohibiting gentle Christians from displaying graphic signs of “aborted” and “living” babies at the Jackson town square last year was unconstitutional.

In a 3-2 decision released Tuesday, April 10, 2012, the Wyoming Supreme Court ruled the temporary restraining order (TRO) issued by District Judge Tom Day violated the First Amendment rights of members of  Operation Save America.  On page 27 (#67) of the 43 page decision the court said, “OSA’s speech is protected public issue speech, and based on these precedents, any restriction on that speech must be carefully scrutinized.  We find that this level of protection must likewise be extended to the graphic photographs OSA chooses to use in its demonstrations.”

A Kansas Pastor and Chet Gallagher were arrested by Jackson police last May for a violating the TRO.  All praise to our Lord Jesus for this victory for OSA, for Christians, for Americans, for life, and for the Kingdom of our Lord.” – Kansas Pastor  

 Pastor Rusty Thomas, Assistant Director of OSA said, “When the case was argued before the Supreme Court, we prayed to God for two blessings.  First, that the court would rule favorably and strike a blow against tyranny to preserve our liberties.  Second, that the ruling would come before we went back to Jackson, Wyoming to further the “States of Refuge” campaign.  We are pleased to report that our Lord graciously answered both these prayers.”  (254)-715-3134

Contact:  Pastor Rusty Lee Thomas (254) 715-3134 

Rusty, Coach and several other hardy saints read the entire Bible through at the gates of hell – South Dakota’s last remaining abortion mill. That’s right! At the same time Chet Gallagher and I were reading through the Bible in Jackson, Mississippi, Rusty and the guys were doing the same in Sioux Falls. We are looking to present to Almighty God the first abortion free state this January 1, 2013, at the 150th Anniversary of Abraham Lincoln’s official signing of the Emancipation Proclamation. Flip

Dear Champion of the Lord and the Preborn,

Today, we finished reading aloud the entire Bible at the last remaining death camp in South Dakota. We demonstrated our faith in God and His Word as we unsheathed the Sword of the Spirit at the gates of hell. Planned Parenthood and the city of Sioux Falls, South Dakota was put on notice. There is another King, one called Jesus and the awkward peace this city has with child-killing is over. The following is a picture of the crew who accomplished the mission. For four of these men, it was the first time confronting an abortion mill with the Gospel of the Kingdom. They each promised it will not be their last. Praise God for raising up good soldiers of Jesus Christ in the battle for the souls of men, the lives of children, and the future of our nation.

 Word in Warfare Team in Sioux Falls, South Dakota

Word in Warfare Team in Sioux Falls, South Dakota

It has been almost a year since we took the Gospel of the Kingdom to Jackson, WY. The city has not been able to get over it. Our event has been in the news throughout the entire year. What will they do as we make our way back and confront the last remaining abortion mill in WY this year? No need to ask. This was published in today’s paper as we are getting ready to revisit this city and expose the hidden works of darkness perpetrated by the abortionist Dr. Brent Blue.

The States of Refuge vision marches on! Brethren, pray for us!

Elkfest to see protest return

Abortion opponents, arrested last year will be back, plan to read Bible at doctor’s office.

By Emma Breysse, Jackson Hole, Wyoming.

April 4, 2012

A religious group that drew fire last year over displays of photos of aborted fetuses plans to visit Jackson twice this spring, including the weekend of Elkfest.

The Rev. Rusty Lee Thomas, assistant director of Operation Save America, said Tuesday the group plans to send protestors to the Elkfest event in May. Police arrested two members of the group last year for allegedly violating an injunction, leading to a battle over free speech that remains in front of Wyoming’s Supreme Court.

The group also plans to send protesters here in late April to march in front of Dr. Brent Blue’s office.

“There’s going to be wave after wave,” Thomas said. “We’re just trying to give God reason to show mercy to a land that’s killing babies.”

Participants plan to read the entire Bible aloud in front of Blue’s office this month as part of an expanded campaign. They say he is Wyoming’s sole abortion provider.

The “Word in Warfare” protest will last three days, Thomas said, but he could not give specific dates.

Jackson Town Clerk Olivia Goodale said Operation Save America applied for a permit to protest “along the western fence” of the park on Town Square between May 16 and May 20. The Boy Scout elk antler auction portion of Elkfest, which is on Town Square, is scheduled for May 19.

Goodale’s office is still processing the permit request, she said, so she declined to comment further. The Jackson Town Council likely will decide on the permit April 16, she said.

When asked why Operation Save America chose to come during the event a second time, a Kansas Pastor said the reasons are purely practical.

“It’s just that it’s the same weekend we came last year and it works for everyone,” he said.

Last year’s protests, which were the first of Operation Save America’s campaign to eliminate abortion from states where the practice is “vulnerable,” drew counter-fire from pro-choice locals who objected to graphic signs.

By the time of the 2011 antler auction, Lt. Bob Gilliam of the Jackson Police Department said in an affidavit that he feared allowing the graphic photos at the auction would lead to violence against the group.

This year, Wyoming event leader said members of the group plan on adding a much larger tower display that prominently features photos of aborted fetuses, but they would probably work with the town if officials asked them not to use it during the antler auction.

Jackson Police Sgt. Cole Nethercott said local law enforcement is aware of both planned protests and is working out the best response in light of the potential for conflict.

“As of the current time, we don’t have any plans in place, but we are planning how best to be ready,” he said. “Our concern is the safety of all involved on all sides, whether protestors coming or local citizen protestors.”

Last year, the town sought a temporary injunction barring the group from Town Square during the antler auction. Public safety concerns, along with worries about exposing Boy Scouts to the photos and potential violence, swayed 9th District Judge Timothy Day, who granted the order the evening before the auction.

Operation Save America did not hear about the attempt to obtain the injunction, or the order, until the morning of the auction.

When the pastor and another group member passed out literature in the square, police arrested them. Teton County Prosecutor Steve Weichman later asked that the misdemeanor charges of violating a court order be dismissed.

He said Tuesday he remembers language in a Wyoming Supreme Court case at the time that gave him “very grave concerns” about whether the charges were appropriate. He said Tuesday he couldn’t recall the specifics ecause he was not in his office at the time of a telephone interview.

The pastor contends dropping the charges was part of a deliberate strategy to silence a message town officials didn’t like.

“That’s the way police departments silence the gospel or speech they don’t want to hear,” he said. “They arrest you and then say, ‘Oh, never mind’ and dismiss the charges once they’ve done what they wanted to do.”

Weichman said he preferred not to address the pastor’s remarks or make any statements not already on the record in a court of law regarding the situation.

The pastor’s accusations are “patently untrue,” Town Administrator Bob McLaurin said. The group was barred only from Town Square and only during the day of the auction. Operation Save America has the right to return and protest if members choose, McLaurin said. He said he knew of the permit application but hadn’t seen it, so he was not comfortable commenting further.

The pastor said he was worried about the town’s reaction to his group this year.

“I think we saw last year that First Amendment guarantees are not of any importance to the Jackson police,” he said.

Last year’s conflict lives on in the Wyoming Supreme Court, where Operation Save America appealed the original restraining order, claiming the process the town went through to get it was unconstitutional.

The town did not notify representatives of Operation Save America about the hearing on the order, which occurred about 12 hours before the antler auction began.

There were other legal remedies aside from a restraining order for public safety worries, the group argued in its appeal. The town argued there was a pressing and immediate need to protect the town and the auction attendees, and the terms only applied to a limited time, date and area, so the law allowed for the order.

The high court heard oral arguments on the case in November, but has yet to issue a decision.

We are now at the Word and Warfare stage of our campaign Operation – First Abortion Free State.  We will be reading the entire Bible (unsheathing the Sword of the Spirit) at the gates of hell (the local abortion mills) in all five of the states that have one remaining abortion mill within their boundaries.  Our desire is to present to our Lord the first abortion free state at the Lincoln Memorial where we will also present to Him our National Emancipation Proclamation for the Unborn Child, in January, 2013.  The spiritual significance of this is monumental for it frees God’s hand to heal our land.  Below the dates and places for Word and Warfare. ~ Flip

Word in Warfare Opportunities

The States of Refuge campaign continues to march on. The next major push in implementing the vision is called Word in Warfare. Brother Chet Gallagher (Our state leader in Mississippi), based upon his study of Scripture, devised this battle strategy in spiritual warfare to be employed at the gates of hell throughout the land.

The Word in Warfare mission is designed to inspire Christians to unsheathe the sword of the Spirit, which is the Word of God, and declare, “Thus Saith the Lord” by reading aloud the entire Bible at key gates. In this instance, it will be employed at the five states, Arkansas, Mississippi, North Dakota, South Dakota, and Wyoming at the one death camp remaining that defiles our land. Each state leader will commence this aspect of the States of Refuge campaign on different dates.

Chet Gallagher in Jackson, Mississippi and Coach Dave Daubenmire in Sioux Falls, South Dakota, will kick their Word in Warfare assignment off on April 2, 3, and 4th. This is a strategic time. The Spring Forty Days for Life ends on April 1st. Right after this time of fasting and prayer, Word in Warfare will unleash God’s Word. We are praying God’s Word will go forth in power to defeat this evil that murders babies, enslaves the workers of iniquity, defiles our land, and invokes God’s judgement upon our nation.

Remember the power of God’s word according to Jeremiah. Jeremiah 1:9, 10 declares, “Then the LORD put forth his hand, and touched my mouth. And the LORD said to me, Behold, I have put my words in your mouth. See, I have this day set you over the nations and over the kingdoms, to root out, and to pull down, and to destroy, and to throw down, to build, and to plant.” God’s Word spoken by God’s people in faith can root up what is evil and plant what is good in God’s sight.

A Kansas Pastor in Jackson Hole, Wyoming plans on commencing the Word in Warfare on April 27, 28, and 29th. Pastor Mark Kiser in Little Rock, Arkansas plans on initiating Word in Warfare on May 4, 5, and 6th. Cal Zastrow is still working on the dates for Fargo, North Dakota. As soon as he gets them to me, I’ll pass them unto you.

All these state leaders need volunteers to come and boldly delcare God’s Word to the principalities and powers dominating these abortion mills. Please pray about supporting this next phase of the campaign in some manner. These men and this ministry need prayer. Let them know you are praying. These men need team members to stand with them to wield the sword of the Spirit in the battle for the souls of men, the lives of babies, and the future of our nation. Please try to come and participate if at all possible. Each team leader needs about 20 team members optimum and 10 team members minimum. Help send them if you cannot go yourself with financial support.

You can send your donations to:

States of Refuge
P.O. Box 3126
Waco, TX 76707

or donate online at:

 www.statesofrefuge.org

To contact these men to volunteer to pray or participate in one of these states, here’s the contact information: 

Jackson, Mississippi – April 2, 3, and 4th | Contact Chet Gallagher at chetgallagher@gmail.com

Sioux Falls, South Dakota – April 2, 3, and 4th | Contact Coach Dave at coach@ptsalt.comg

Little Rock, Arkansas – May 4, 5, and 6th | Contact Pastor Mark Kiser at pastormarkkiser@yahoo.com

Fargo, North Dakota – Dates to be determined | Contact Cal Zastrow at calzastrow@hotmail.com

God willing, I plan on participating in four of the five Word in Warfare events. Since there is a conflict in schedule with the April 2, 3, and 4th, dates, I plan on joining Coach in South Dakota. With all dispatch, please pass on this strategic ministry opportunity and call your friends, family, and churches to help get boots on the ground in these five states during this next phase of the States of Refuge campaign. Thanks!

Rev. Rusty Lee Thomas

Here is Rusty’s report on the progress of our court case against the city of Jackson Wyoming.  Pastor flew to Cheyenne, Wyoming, to be present at the hearing.   ~ Flip

Dear Champion of the Lord and the Preborn,

Pastor and I had the blessing to be at the Wyoming Supreme Court with our wonderful attorney, Jack Edwards. He did a masterful job defending our rights, while dismantling the city of Jackson’s case against us.

It is amazing to consider that Operation Save America did a regional event in Jackson, WY and six months later it is still reverberating throughout this state. It continues to be front page news.

The city of Jackson was so concerned about this case going before the Wyoming Surpeme Court, they sent the top five leaders of their city to observe it. The mayor, city manger, city attorney who argued their case, and LT. Guillam who sought the TRO/injunction against us were present in the court room. Apparently, they are deeply concerned about the outcome of this case. They are either frightened by a lawsuit or intend to use it again to censor the Gospel light that shines upon the darkness of child-killing tolerated in their city.

As most of you know WY is one of the five states that makes up the States of Refuge campaign. Please continue to pray for this vision and mission. We will be going back to Wyoming and it would be a great blessing to see this TRo/injunction defeated in Jesus’ name!

______________________________________________

Wyoming Supreme Court Considers Abortion Case

CHEYENNE, Wyo. (AP) – The town of Jackson violated anti-abortion protesters’ rights when it secured a court order prohibiting them from appearing on the town square, a lawyer told the Wyoming Supreme Court on Thursday.

Laywer Jack Edwards, representing the anti-abortion group Operation Save America, argued that it was improper for the town to secure a court order barring activists from appearing within two blocks of the town square in May. The town didn’t notify protesters beforehand that it was seeking the order.

“There are many procedural errors,” Edwards told the court. “To not rule on this would create a blueprint for the squelching of protected speech in the future.”

Audrey Cohen-Davis, lawyer for the town, argued Thursday that it was proper for the town to secure the restraining order from District Judge Timothy Day.

Cohen-Davis said city police feared possible violence if the protesters, who previously had been showing graphic signs of aborted fetuses around Jackson, came together on the town square with about 200 Boy Scouts and their families who were gathering for an annual auction of elk antlers.

“Parents taking their Boy Scouts to the Elkfest event did not expect to have a group subjecting their children to such material,” Cohen-Davis said.

Police arrested two anti-abortion protesters at the event.

Operation Save America, a national group, said it had picked Jackson for its anti-abortion campaign in an effort to make Wyoming the first state in which no doctors would provide abortions. The group targeted Dr. Brent Blue, a family practitioner, whom the group said is the only doctor in the state to offer abortions.

Justice E. James Burke questioned Cohen-Davis closely about the town’s failure to notify Operation Save America before seeking the court order.

Burke noted that the U.S. Supreme Court has said there’s no place in the law for issuing restraining orders without notice that deprive people of their basic freedoms guaranteed by the First Amendment unless there’s proof it was impossible to notify them and give them an opportunity to participate in the court hearing.

Cohen-Davis responded that she didn’t want Operation Save America protesters to know who she was. She said Jackson was in a very volatile situation when the protesters were in town.

“Isn’t our system sort of based on both sides having an opportunity to present their position to the court?” Burke asked.

Rusty Thomas of Waco, Texas, is assistant director of operations for Operation Save America. He and other members of the group attended Thursday’s court hearing in Cheyenne.

Speaking after the hearing, Thomas said the group had about 40 or 50 protesters in Jackson for five or six days in May. “We felt it was our duty as Christians to make that challenge,” he said.

Thomas said his group was in close contact with Jackson law enforcement during the protest, but received no advance notice the town was going to court to block its demonstration. “They did not make any attempts to tell us,” he said. “We were set up.”

Thomas said the group wants the Wyoming Supreme Court to issue an order saying what the town did was wrong. “What happens when we go back? And we do intend to go back,” Thomas said. “Are they going to pull this out and go after us in the future?”

The court took the case under advisement and will issue a written decision later.

Our witness in Jackson, Wyoming, as we brought the Gospel of Christ to the state’s only remaining abortionist and abortion mill, is still front page news in Jackson.  Can you imagine simple little Christians living out their faith in the streets of a city could create such a news story?  Well, yes if Almighty God is in it!   Enjoy and here is the link!      ~ Flip

 

Here is a ten minute video chronicling the arrest of Pastor Mark and Chet in Jackson this past May.  I remind you that, to the very liberal and very wealthy folks living in Jackson, the preaching of the whole Gospel of Christ is anathema.  They hate anything that appears “judgmental” or “intolerant.”  Yes, they hate the truth because the truth is “judgmental” and “intolerant” of evil.  Truth is hate to those who hate the truth.

The opposite of “tolerance” is not “intolerance,” it is Biblical love.  “Tolerance” will simply sit back and watch people flail and die in their sin.  Biblical love demands we get involved, speak the truth, and lift lost sinners out of a pit from which they cannot extricate themselves.  Pastor Mark and Chet were arrested because they were expressing God’s love to the people of the city of Jackson.  Enjoy! ~ Flip

Arrest via YouTube