FACE Act must equally protect worship access, DOJ says

Federal prosecutors filed a document arguing for a uniform interpretation of the law protecting places of worship, according to a Monday statement from the Department of Justice. The third-party filing came as part of a California lawsuit accusing groups of backing a violent pro-Palestinian protest in Los Angeles last June. The plaintiffs claim that the protesters blocked their access to the Adas Torah Synagogue. Blocking access to a place of worship is a federal crime under the Free Access to Clinic Entrances Act. Commonly known as the FACE Act, the law also protects entry to abortion facilities, pregnancy centers, and hospitals.

The StandWithUs Center for Legal Justice, an anti-Semitic organization, filed a federal complaint against a pro-Palestinian demonstration assembled by CodePink, the Palestinian Youth Movement, and the WESPAC Foundation. Over 200 protesters marched through a majority Jewish neighborhood and blocked congregants from accessing the synagogue for a regular prayer gathering, according to StandWithUs.

CodePink has denied blocking access to the synagogue and claimed that some of their protesters were attacked.

So what does the DOJ’s court filing do? The interest statement gave insight from federal prosecutors on whether protesters’ actions constituted a physical obstruction under the FACE Act. Rioters blocked congregants from accessing the temple and trapped others inside, while shouting anti-Semitic phrases and using bear spray on congregants, according to StandWithUs. The defendant’s actions would constitute a physical obstruction under the FACE Act, according to the DOJ’s interest statement. The department said it hoped its statement would aid in the correct and uniform application of the FACE Act.

Why would the law not be correctly applied? Although the FACE Act included protections for places of worship and pro-life facilities, the law is most widely recognized as a statute protecting abortion facilities. Many politicians, including President Donald Trump, have accused the FACE Act of being used to unfairly target peaceful pro-life protesters. Rep. Chip Roy, R-Texas, introduced legislation in January to rescind the measure, claiming that most cases prosecuted under the FACE Act within the last 30 years were brought against pro-life Americans.

Dig deeper: Read my report on Trump pardoning FACE Act protesters during his first week in office.