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This section contains the nature of the case and procedural background.

The superior court issued a TRO directed to Ds and organizations acting in concert with either Operation Rescue or Michael McHugh. The TRO prohibits the following conduct: 1. Blocking any doorway, entrance, driveway or parking lot at the Vermont Women's Health Center . . . 2. Entering or attempting to enter the building . . . 3. Directing bullhorns, shouting, yelling or otherwise verbally directing sounds to the interior of the Vermont Women's Health Center . . . Physically blocking the entry of any persons to the Vermont Women's Health Center . . . . On October 24, 1989, a group led by McHugh (D) of more than fifty persons, including the remaining defendants, physically invaded the grounds and building of the health center. They blocked doorways and exits and positioned a ten-wheel truck to block the driveway. Many of them locked themselves to one another in the hallways of the building; they made a great deal of noise, singing and chanting. Services for women scheduled for that day, including cancer-related examinations and other tests, as well as abortions, were cancelled. Two police officers were injured as they attempted to enter the building through doors pulled shut by Ds. The use of mace and tear gas was ultimately required, and police arrested Ds and the other protesters for unlawful trespass and removed them from the building. Ps brought a civil contempt action against Ds for violation of the TRO. The court found Ds in contempt, held them liable to Ps for certain fees, costs, and damages, and subjected them to prospective coercive fines to be assessed in the event of future violations of the court's order. Ds appealed.

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