As published in Lifeline (Spring, 2012)
People v. Garza (Jackson, Miss.)—Pro-life activists arrested for distributing leaflets on sidewalk in front of high school and charged with trespass, disturbing the peace, and interference with school buses. Criminal proceedings pending.
People v. White (Birmingham, Ala.)—Clinic director attempted to disperse pro-life sidewalk counselors by directing a high pressure sprinkler nozzle into their faces, injuring White’s eye and damaging other property. White was charged with assault after attempting to prevent further use of sprinkler as weapon.
Colantuono v. College of Alameda (Calif.)—Pro-lifers arrested for trespassing on a public college campus. College of Alameda administrators told the police that they did not approve of the Survivors signs and literature and therefore they wanted the group removed from the campus. Three activists spent twelve hours in jail before being released. College desires to settle case without formal civil complaint being filed. College imposed new speech policy. Plaintiffs are awaiting settlement proposal from Peralta Community College District. The District is awaiting Board approval of the newly drafted free speech policy.
Fairbanks v. Planned Parenthood (Ohio)—Lawsuit filed alleging that PP violated Ohio law by their failure to report the sexual abuse of minors. The suit alleges that Fairbanks was brought to PP by her father, who had been sexually assaulting her since she was thirteen. He sought an abortion for his daughter at PP to cover up the sexual abuse and resulting pregnancy. Although minor attempted to tell PP personnel of abuse, they ignored her and failed to report, allowing abuse to continue. PP’s motion to dismiss some of the claims is pending. Trial set for May 2012.
Hoye v. Oakland—Federal constitutional challenge to Oakland “Mother May I” ordinance restricting speech outside abortion clinics. Following initial successful challenge, city passed amended ordinance, prompting a second challenge. City’s motion to dismiss denied. Motions for summary judgment heard June 26. On August 4, federal district court judge Charles Breyer ruled Oakland’s “Mother May I” ordinance constitutional. The case was appealed to the Ninth Circuit. Victory! Ninth Circuit held the City’s enforcement policy to be content-based and therefore unconstitutional. The Court also held that escort misconduct could be a basis for holding the law unconstitutional as applied, if the Ordinance, in conjunction with such misconduct, effectively prevented communication with patients. The case was remanded to district court for further proceedings, including Hoye’s motion for attorney fees.
Louisiana v. Garza, et al. (La.)—Pro-lifers arrested for trespassing on a public college campus for allegedly refusing to leave property after being ordered to do so by an officer. Victory! Criminal charges dismissed.
People v. Brock (Glendora, Calif.)—Pro-life activist Ronald Brock convicted of violating the city ordinance prohibiting “mobile billboard advertising.” Brock travels around the United States displaying the truth about abortion on signs affixed to his motorhome. Appeal filed and briefed, 2012. Decision pending.
Pollian, et al. v. Warren County Montgomery County Community College et al. (Dayton, Ohio)—Pro-lifers on public college campus arrested and jailed on charges ranging from disorderly conduct to trespass to felony assault on a police officer. Grand jury convened on felony charge, but refused to indict. Civil suit filed.
People v. Weimer (Jackson, Miss.)—Pro-life picketer convicted of violating local sign ordinance. Appeal briefs filed and arguments pending.
Planned Parenthood v. Goddard (Ariz.)—Arizona abortionists and abortion facilities (including Planned Parenthood) filed two separate lawsuits, one in state court, one in federal court. The suits sought to enjoin common sense laws related to informed consent for abortion, parental consent for minors, and health care rights of conscience. LLDF and allied attorneys represent intervenors defending the law. Victory!: Court of appeals reversed, finding the laws constitutional, and PP did not appeal.
Holder U.S. v. Hamilton (Ky.)—Civil lawsuit for damages, penalties, and, and injunctive relief pursuant to FACE brought against sidewalk counselor who moved escort’s arm out of his way in order to hand leaflet to patient. Escorts were locking arms on sidewalk to block sidewalk counselors. Discovery is proceeding, and trial has been set for January 2013.
Concerned Citizens of San Mateo County v. Redwood City (Calif.)—Administrative appeal filed against granting of conditional use permit to PP Mar Monte for opening of new clinic in Redwood City. City responded by asking for further information from PP. Appeal is deferred pending PP’s response. Victory!: Planned Parenthood withdrew its application and abandoned plans to open a clinic at that location.
San Francisco vs. Foti—Pro-life picketer/sidewalk counselor charged with violation of local bubble ordinance. No charges filed.
Phill Kline—Former Kansas Attorney General accused of violating state ethics rules while investigating abortion providers. As District Attorney, Kline filed 107 criminal charges against the Planned Parenthood clinic in 2007, accusing them of performing illegal abortions and falsifying records. Kline is the only Attorney General / prosecutor ever to obtain abortion records and formally charge both George Tiller and Planned Parenthood. Claiming political motivations, Kline filed exceptions to the findings of fact and will file brief on May 15th, 2012.
Astrue, Dept. of Social Security v. Capato—Amicus brief filed in in-vitro fertilization case before the U.S. Supreme Court in an effort to draw attention to the dangers inherent in modern reproductive technologies like IVF.
U.S. Department of Health and Human Services v. Florida—Amicus brief filed in Florida’s challenge to the Patient Protection and Affordable Care Act (Obamacare), drawing Court’s attention to a hidden “abortion premium mandate” that many individuals who object to funding abortion will be forced to pay through their employer’s insurance companies. LLDF, along with other pro-life legal groups, on behalf of American College of Pediatricians, Christian Medical and Dental Associations, American Association of Pro-Life Obstetricians and Gynecologists, Catholic Medical Association, et al. The lower court characterized Obamacare as “an unprecedented exercise of congressional power.”
Aurora, Illinois—See “Report from the Front Lines,” p. X.
Frachey v. Planned Parenthood—See “Report from the Front Lines,” p. X.