Mecklenburg County is settling lawsuit with anti-abortion protester

CHARLOTTE — Mecklenburg County is settling a lawsuit with an anti-abortion protester.

Court documents show the county will pay David Benham $20,000 for attorney fees.

Benham sued Mecklenburg County and the city of Charlotte after he was arrested in April 2020 for violating a COVID-19 restriction barring gatherings of more than 10 people.

Benham was protesting on the sidewalk outside an east Charlotte clinic at the time.

Benham sued because he said his First Amendment rights were violated.

In addition to the $20,000, the county has agreed to say First Amendment and religious activities are exempt from COVID-19 orders.

The $20,000 will go to attorney fees. Benham was represented by the Alliance Defending Freedom.

“The government can protect public health and safety and still respect the constitutionally guaranteed freedoms Americans have,” ADF Senior Counsel Denise Harle said. “People of faith can’t be singled out for their religious beliefs or because their form of speech happens to be prayer or pro-life counseling. We commend Mecklenburg County officials for finally agreeing to respect the free speech rights of Mr. Benham and the other pro-life citizens and for acknowledging their freedom to pray and speak in the public square, and we invite the city of Charlotte to follow suit.”

All charges against Benham were dropped, ADF says. Mecklenburg County declined to comment on the settlement.

Benham’s lawsuit against the city is still ongoing.

VIDEO: Local women’s clinics feel impact from NC’s reinstated abortion restrictions

Local women’s clinics feel impact from NC’s reinstated abortion restrictions

©2023 Cox Media Group