FALLS CHURCH, Virginia, December 22, 2015 (LifeSiteNews) – It is illegal to sing Christmas songs in front of an abortion clinic, Falls Church police told teenaged carolers on Saturday.
Now, at least one of the teens — along with other pro-life advocates — is planning to go back, with the support of the Alliance Defending Freedom (ADF).
According to the two teens and one teen's mother, in exclusive comment provided to LifeSiteNews, an officer told two teenagers that a Falls Church noise ordinance banned the singing of Christmas music on both private and public property. The students were told to terminate the singing, which took place in front of an abortion clinic.
A mother of one of the teens immediately reported the incident to ADF, which is taking up the teens' case on religious liberty and free speech grounds. According to the teen's mother, the officer cited Section 14-51 of the Falls Church Code of Ordinances, which describes “yelling, shouting, etc.” as “Prohibited Acts.”
“It shall be unlawful for any person to yell, shout, talk loudly, whistle or sing on any public street or private property in the city at anytime, so as to cause a noise disturbance,” says the ordinance. “This section shall not apply to any person who is participating in a duly permitted or licensed event or who has been duly authorized to engage in such conduct.”
The woman who took the video, Mary Flores, told LifeSiteNews that “Our group of peaceful Christmas carolers was shocked on Saturday morning when Falls Church police officers arrived on the scene at 900 S. Washington to inform us that Falls Church has a law against singing in public. Officer Ortiz cited a local noise ordinance and used a very broad interpretation of us to inform us that we must stop our singing.”
“We feel that our First Amendment rights have been violated and plan to contest this injustice.”
Flores' 15-year old daughter, Estrella, was one of the teenagers Officer Ortiz accosted. She explained that “We were singing in front of the abortion clinic to peacefully share the joy of Christmas with the poor people who were working and going in and out of the abortion clinic.”
“We were standing on a public stretch of land, peacefully caroling,” Estrella explained. “It is wrong for the police officer to tell us to leave. We were not doing anything wrong, and simply because they did not like what we were doing they told us to leave. It is our right to be able to sing outside the abortion clinic in public. The police officers are violating the U.S. Constitution, and our right to free speech and also our religious liberty.”
“If I had the option I would go back to the abortion clinic to sing because it is injustice for the authorities to tell to stop doing something that is not wrong.”
Ryan Orr, president of St. Gianna's Pro-Life Youth, was the other teenager confronted by Ortiz. He told LifeSiteNews that “Unlike picketing (with signs), the main idea was not to protest the facility. We were singing in front of the abortion mill to extend a message of joy, hope and encouragement to the young ladies who were unfortunate enough to find themselves struggling in that situation. We hoped that maybe even the Planned Parenthood escorts would have a conversion of heart by our loving gentleness and charity.”
While Orr noted “the officer was not hostile to us and simply [was] fulfilling his duty as the enforcer of the law,” he also said that “this particular law is flawed and cannot be enforced consistently or fairly.”
“For example, the escort who called the police because of our singing had been yelling at us for over half an hour. According to the ordinance, she herself would be guilty of violating the very same offense that she accused us of. But even besides this, it is clear that if gentle Christmas caroling can be banned from the public streets, anything can be stretched to fit underneath this law.”
“Though it seems radical to suggest this, they have shown that they are willing to do anything to get rid of us.”
Like Estrella, Orr said his plan is to return to the abortion clinic. “The fact that the clinic workers were so upset by us as to call the police department simply goes to show the incredible effectiveness and power of our movement. Like magnets, the harder we are pushed away, the stronger we must push forward. We must not be discouraged into inaction by opposition and obstacles, for as Edmund Burke said, 'All that is necessary for the triumph of evil is for good men to do nothing.'”
Abortion “is the greatest civil rights issue of the century,” said Orr. “Rosa Parks fought for the rights of her people in adulthood, and we fight for the rights of our people who are unborn.”
On a Facebook event page encouraging people to join him for more caroling at the same clinic at noon on Wednesday, Christian Defense Coalition's Rev. Patrick Mahoney said “It was stunning to see a law enforcement official forbid citizens from singing Christmas Carols in public during the Christmas Season! It clearly violated the First Amendment and especially targeted the public witness of pro-life activists.”
It is not known whether police intend to interfere with caroling a second time. The Falls Church police department did not return LifeSiteNews' request for comment by press time.
“No city ordinance can trump the First Amendment. It’s preposterous to think that any noise ordinance can or should be used to stop the singing of Christmas carols on a public sidewalk,” said ADF Senior Counsel Matt Bowman. “We have come to an odd place in America when an abortion business thinks it can silence Christmas carolers. The police should not be willing to do their bidding.”