Three abortion support organizations – The Lilith Fund, the Texas Equal Access Fund, and The Afiya Center – are hitting back at anti-choice activist Mark Lee Dickson and the group he leads, Right to Life East Texas.
Those two are now the defendants in a defamation lawsuit, after labeling the pro-choice groups “criminal” and spewing lies about abortion care to – in their eyes – purposely “confuse, intimidate, and dissuade” abortion-seeking women in Texas. Dickson and Right to Life are behind the string of abortion bans passed recently by small Texas towns, many of which were also sued earlier this year by the ACLU of Texas.
“With this lawsuit, we are saying enough is enough,” said Marsha Jones, executive director of the Afiya Center, a reproductive justice group that addresses the health disparities black women and girls face. “We have been at the hands of those seeking to distort our purpose by damaging our standing in the community. Going after organizations like ours will not stop us from helping black folk; it will only cause confusion in our communities and create barriers to people seeking abortion care. The women that we serve have already been marginalized and disenfranchised and we are saying enough already. To be labeled as a ‘criminal entity’ presents a clear and present danger to the life of this organization.”
In February, the ACLU of Texas, representing the Texas Equal Access Fund and the Lilith Fund, filed suit against seven towns that passed the ordinance, arguing they violated pro-choice advocates’ First Amendment rights. By ideologically designating those groups as criminal entities, the towns are illegally imposing punishment without a fair trial, they argued. By May, the ACLU dropped the lawsuit after the cities backed down and revised ordinance language to stop calling such groups “criminal.”
Even with that partial victory, the plaintiffs believe a lot of damage is already done. They want to make sure Dickson and Right to Life East Texas are held accountable for disrupting and confusing communities who have a right to abortion care. Though the cities themselves have amended their ordinances, Dickson and his group continue in defamatory conduct as they “refuse to stop lying and refuse to correct the false record,” attorneys write in legal challenges filed today. (Afiya and TEA have filed suit in Dallas County while the Lilith Fund filed in Travis County district court.)
“The Lilith Fund has been defamed because Defendants have falsely accused it of assisting in the commission of the specific crime of murder,” the suit reads. “Ultimately, defamation is the purpose of the ordinance; Dickson’s campaign is designed to confuse people about the legal status of abortion and abortion advocacy, and paint abortion rights organizations like the Lilith Fund as criminals.”
See here and here for the background. Accusations of criminal activity, when done with malicious intent, is not protected speech. I look forward to these groups taking that guy to the cleaners. KUT, the Dallas Observer, and this TEA Fund Twitter thread have more.