Roe v. Operation Rescue

54 F.3d 133 (3rd Cir. 1995)

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Nature of the Case

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Facts

The underlying action was originally brought on June 29, 1988, by eleven plaintiffs, consisting of NARAL-PA, seven abortion, and family planning clinics, two pregnant women, and a physician who regularly performed abortions. It was brought in response to Operation Rescue's 'publicly announced plans to close down clinics that offer abortions in the Philadelphia area by staging massive demonstrations and blockades at . . . [those] facilities.' Ps sought declaratory and injunctive relief against these proposed activities. Operation Rescue and Randall Terry were among the named defendants. After a hearing the court issued a temporary restraining order ('TRO') 'enjoining Ds and others acting in concert with them from trespassing on, blocking entrances at, or physically abusing or harassing persons working or obtaining services at abortion facilities in the metropolitan Philadelphia area from July 4,' 1988, to July 9, 1988. In March 1989, the district court permanently enjoined Ds from 'trespassing on, blocking, obstructing ingress or egress from any facility at which abortions are performed in the City of Philadelphia or metropolitan area' and from 'physically abusing or tortiously harassing persons entering, leaving, working at, or using any services at any facility at which abortions are performed in the City of Philadelphia and metropolitan area.' The present appeal arose out of the third civil contempt motion to be filed in this on-going case. On September 7, 1993, Ps sought civil contempt sanctions against Ds for alleged violations on July 9, 1993. Ps presented evidence that during the summer of 1993 D organized, publicized, and raised money for a nationwide campaign to protest abortion rights in seven cities, designated 'Cities of Refuge.' Philadelphia was named as one of the 'Cities of Refuge.' Letters written by Ds asked supporters to contribute money and to participate personally 'to help Operation Rescue National put on the Cities of Refuge.' Promotional literature was also entered into evidence. Ps established that from July 9th through the 18th several blockades and numerous anti-abortion demonstrations and protests occurred in the Philadelphia area. Witnesses testified that appellees Joseph Roach and Robert Lewis directed the protesters, moving those needing rest into the shade and interacting with the police. There was, however, no evidence that Roach or Lewis physically blocked a door. A United States Marshal read the Revised Permanent Injunction over a bullhorn to the protestors. Witnesses stated that Roach and Lewis, who conceded that they had actual knowledge of the injunction at the time of the blockade, did nothing to disperse the blockade after the injunction was read. The district court denied Ps' motion. Finding that Roach and Lewis had actual knowledge of the court's order and 'were present and active at certain events occurring from July 8, 1993, through July 18, 1993,' the district court nonetheless held that Ps failed to establish that either Roach or Lewis violated the Revised Permanent Injunction. The court concluded that 'Roach and Lewis wore red armbands, but it was not established by clear and convincing evidence that the bands were associated with one particular group, namely Operation Rescue.' This appeal was filed by Ps.