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(5/8/2007)
Arrested Pro-Lifer Retains Alliance Defense Fund Attorney Plans "vigorous defense" against charges
BY BOB ELLIS Yesterday morning, a pro-life group called Campus Life Tours (CLT), a project of Survivors of the Abortion Holocaust,, came to the South Dakota School of Mines and Technology (SDSM&T) in Rapid City to present their pro-life message. Team member Joey Cox, 18 contacted campus administration before their arrival to notify them of the visit. However, Julie Smoragiewicz, Vice President of University and Public Relations, informed Cox that two-weeks notice was required. According to a press release from CLT, Smoragiewicz stated, "It's been a long-standing policy… it's just something that we've done in terms of making it convenient." Kortney Blythe, Director of Campus Life Tour, said that they had not been officially invited to SDSM&T, but they had recently talked with some students at the school who had been involved in last year's Referred Law 6 abortion ban campaign. Blythe said when her team of five boys and three girls arrived in the parking lot, they were approached by Smoragiewicz and Rapid City police before they could even get their materials out of their vehicle. Blythe said that while she was discussing the school's free speech policy with Smoragiewicz, police told Cox he must leave immediately. Blythe said Cox tried to point out that Blythe was still talking to Smoragiewicz and he couldn't leave without all team members, but Sgt. Diaz of the Rapid City Police Department then arrested Cox on misdemeanor "failure to vacate" charges. According to Blythe, when school administrations are resistive to their visits, negotiations usually take a couple of hours, but yesterday Cox was arrested about eight minutes after they arrived. Blythe said they videotaped the whole incident, and that Cox has a court date of May 16. The group had planned to visit at least one campus in Sioux Falls, but the problems Cox's arrest caused to their timeline had forced them to move on to other engagements without further stops in South Dakota. Stephen Wesolick is an Alliance Defense Fund allied attorney in Rapid City. Wesolick confirmed that Cox had retained his services and that he will be appearing in court on Cox's behalf on May 16. Wesolick said Cox was booked at the Pennington County Jail and released on a $300 cash bond at about 3:15 p.m. yesterday. Cox could face a jail sentence of one year and a fine of $2,000 for attempting to share his views on abortion with the staff and students of SDSM&T. "At all times, the youth team was polite and civil," said Wesolick. "Only after Mr. Cox's arrest did Ms. Smoragiewicz provide a copy of the university's 'Solicitation' policy--clearly addressing commercial speech--which served as the basis for the denial of permission to come on to campus. This policy requires two weeks' advance request and university approval 'to conduct solicitation on campus,' clearly designed to limit the ability to sell products or services on campus." Wesolick believes the actions of SDSM&T are an unconstitutional restraint on Cox's First Amendment rights, and says he has a copy of the video made by CLT in his possession. According to Wesolick, "Mr. Cox's civil liberties were clearly violated by the actions of the university officials and, possibly, the Rapid City Police Department. At the time of the arrest, the premises were open to members of the public and Mr. Cox had complied with all lawful conditions concerning access to the university campus." Wesolick says Cox plans a "vigorous defense" to the charges, and a civil rights lawsuit is possible. The Alliance Defense Fund is a legal alliance formed in 1994 to defend religious liberties.
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