An Augusta abortion protester is seeking an injunction to prevent the enforcement of a city ordinance that prohibits loud noises near heath care facilities.
The federal lawsuit filed Nov. 18 on behalf of Steven Smith also accuses Richmond County Sheriff’s officers of harassment, threats, false arrest and false imprisonment.
Smith contends he has peacefully protested with signs and with non-electronic voice amplifier outside a woman’s health care office on Professional Parkway since 2016. He says he has always stayed on the public right of way.
Smith alleges sheriff officers have mistakenly insisted he was on private property, needed a permit, that he was disturbing the peace and that he was violating the city’s noise ordinance. Once, Smith alleges, he was handcuffed and taken to the jail and held for more than seven hours without being charged with any crime.
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Smith also contends sheriff officers failed to take action after he was threatened April 13 by a person with a gun outside the woman’s health care office.
Smith also seeks an order to strike Augusta commissioners vote last year to amend the city’s noise ordinance to prohibit loud speech or speech amplification devices in health care facility zones. Smith contends the ordinance is unconstitutionally vague, and an illegal infringement on the right to free speech.
Smith is asking the court for a preliminary and a permanent injunction. He is also seeking damages and attorney fees.
Attached to Smith’s lawsuit is a court order written by U.S. District Court Chief Judge J. Randal Hall in November 2019. The judge granted relief to Eric J. Love who was prohibited from using a voice amplifier to protest during the city’s Pride events. The city agreed to pay Love $1,000 in damages and $33,750 in attorney fees.
A lawsuit represents only one side of a dispute. The city will have an opportunity to respond before the judge makes any decision.
Sandy Hodson is a staff reporter covering courts for The Augusta Press. Reach her at sandy@theaugustapress.com.
