in registering the D.C. Project participants and in obtaining hotel rooms for them. Mahoney argues, however, that he was participating in lawful activity and was not "inducing, encouraging, or directing" the participants to engage in illegal activities. Mahoney's reading of the injunction is strained, but at least plausible. In light of Rule 65(c)'s requirement that an injunction be "specific in terms" and "describe in reasonable detail . . . the act or acts sought to be restrained," Mahoney will not be found in contempt for his actions in November 1989. This conclusion is buttressed by Mahoney's obvious efforts to comply with the injunction and his conscientious, but misguided, belief that his actions were protected by the first amendment.
This finding does not lessen the fact that Mahoney's acts obviously facilitated the illegal conduct of the over 700 people who blockaded clinics and were arrested as part of the D.C. Project. Mahoney's conduct is particularly troubling given his admission that he knew that many of the people he was helping register planned to conduct illegal blockades. To prevent future misinterpretations of the injunction and to prohibit the sort of conduct engaged in by Mahoney, the Permanent Injunction has been amended to also prohibit "aiding or abetting" others in their efforts to illegally blockade abortion clinics in the District of Columbia. Repetition by Mr. Mahoney of his conduct in November 1989, or conduct resembling it would violate the injunction as it is being amended.
Plaintiffs are entitled to compensation for the damages caused by the contemnors violations of the injunction. Representatives of two of the blockaded clinics testified that the blockades effectively prevented patients from using the clinic on that day. As a result, the clinics had to pay their staff for, in essence, not working that day. The payroll costs to the Hillcrest Clinic were $ 1680; the Capitol Women's Center incurred approximately $ 533. In addition, Dr. Julius Fogel, the director and owner of the Washington Surgi-Clinic, testified that when his clinic was blockaded the blockaders sat on a row of bushes in front of the clinic, killing the bushes in the process. Plaintiffs introduced into evidence an estimate of $ 3800 for repair of the bushes. Defendants did not introduce any evidence that this estimate was not fair and reasonable.
The court finds that the following damages were caused by the blockading activity encouraged and directed by contemnors: $ 1680 to the Hillcrest Clinic; $ 533 to the Capitol Women's Center; and $ 3800 to the Washington Surgi-Clinic. Accordingly, contemnors are jointly and severally liable for the foregoing compensatory damages. The contemnors are also jointly and severally liable for plaintiffs attorneys' fees incurred as a result of this contempt proceeding. The amount of such fees will be determined at a later date, upon submission of appropriate affidavits by plaintiffs' counsel.
The District of Columbia laws against trespass and public nuisance are designed to prevent the conduct engaged in by the contemnors and many other participants in the D.C. Project. This Court's Preliminary Injunction was premised upon plaintiffs' showing that those laws would not deter defendants from their planned illegal conduct. As this contempt proceeding has demonstrated, however, the Preliminary Injunction proved insufficient to deter the illegal conduct. Accordingly, in order to coerce compliance with this Court's injunction and the laws of the District of Columbia, it is necessary to fix substantial fines for future violations of the injunction. Moreover, as additional deterrence, and because plaintiffs have demonstrated that defendants' activities cause damage to the blockaded clinics, any future fines will be payable to the clinic that was the subject of the illegal blockade.
Because these fines are designed to coerce future compliance with the injunction, the fines must be related to the financial resources of each defendant. Evidence submitted by plaintiffs indicates that Operation Rescue has substantial financial resources. Operation Rescue concedes that in 1989 it collected at least $ 777,000 in cash and checks. In addition, Operation Rescue spent at least $ 50,000 on the D.C. Project. Accordingly, to deter future conduct in violation of this Court's injunction and to compensate the aggrieved clinic if a blockade does occur, a $ 50,000 contempt sanction payable to the blockaded clinic will be imposed upon Operation Rescue in the event that it again violates the injunction. Furthermore, each succeeding time that Operation Rescue violates the injunction, an additional fine in the same amount will be imposed.
As to the individual contemnors, the evidence shows that Clifford Gannett earned $ 42,164.90 in 1989. Because they did not respond to plaintiffs' discovery requests, little is known about the financial resources of Joseph Foreman, Susan Odom, and Michael McMonagle. The evidence indicates, however, that Foreman, Odom, and McMonagle are national leaders of Operation Rescue. In addition, the evidence shows that Gannett is a leader of a local rescue organization. Accordingly, in order to deter future violations of this Court's injunction, and to compensate the injured party if such blockades do occur, a $ 5,000 contempt sanction payable to the blockaded clinic will be imposed upon Clifford Gannett, Joseph Foreman, Susan Odom, or Michael McMonagle in the event that such contemnor again violates the injunction. Furthermore, each succeeding time that any of these individuals violates the injunction, the amount of the sanction to that individual will be doubled.
Finally, with respect to Patrick Mahoney, the Court finds that a monetary sanction is necessary to deter future violations of the injunction, particularly in light of the injunction's revision to prohibit "aiding and abetting" illegal blockades. Because Mahoney did not actually violate the Preliminary Injunction, a sanction lesser than that established for the individual contemnors is appropriate. Accordingly, in order to deter future violations of this Court's injunction, and to compensate the injured party if such blockades do occur, a $ 2,500 contempt sanction payable to the blockaded clinic will be imposed upon Patrick Mahoney in the event that he again violates the injunction. In addition, however, because of the importance of his role as facilitator, and now knowing that future conduct is prohibited, each succeeding time that Mahoney violates the injunction, the amount of the sanction will be tripled.
In short, the preliminary injunction forbade defendants from interfering with ingress and egress to specified privately owned clinics which dispensed lawful medical services. Defendants at times and places certain violated that injunction by interfering with such ingress and egress in ways that directly injured plaintiffs. Defendants have not foresworn repetition of such contumacious and injurious conduct. As the Supreme Court has authoritatively stated in a related context of violations of a preliminary injunction defied by defendants:
The rules of law . . . followed in this case reflects a belief that in the fair administration of justice no man can be judge in his own case, however exalted his station, however righteous his motives, and irrespective of his race, color, politics, or religion. [Citation omitted.] This Court cannot hold that the petitioners were constitutionally free to ignore all the procedures of the law and carry their battle to the streets. One may sympathize with the petitioners' impatient commitment to their cause. But respect for judicial process is a small price to pay for the civilizing hand of law, which alone can give abiding meaning to constitutional freedom.
Walker v. City of Birmingham, 388 U.S. 307, 320-21, 87 S. Ct. 1824, 18 L. Ed. 2d 1210 (1967) (criminal contempt lies for violation of a preliminary injunction where defendants violated injunction instead of seeking relief on appeal).
Accordingly, one accompanying Order will impose compensatory damages for contumacious violations of the preliminary injunction, enter a permanent injunction, define further sanctions for any future violations of the permanent injunction. Another accompanying order schedules a further hearing on an award of attorneys' fees to plaintiffs for the fees and costs incurred in obtaining the injunctions and in enforcing the preliminary injunction.
CITATION FOR CONTEMPT
For the reasons stated in the accompanying Memorandum, it is this 30th day of July, 1990, hereby
ORDERED, ADJUDGED and DECREED: that Operation Rescue, Clifford Gannett, Joseph Foreman, Susan Odom, and Michael McMonagle violated the Preliminary Injunction entered on November 8, 1989; and it is further
ORDERED: that upon those violations, Operation Rescue, Clifford Gannett, Joseph Foreman, Susan Odom, and Michael McMonagle are found in contempt; and it is further
ORDERED: that Operation Rescue, Clifford Gannett, Joseph Foreman, Susan Odom, and Michael McMonagle are jointly and severally liable for the following damages: $ 1680 to the Hillcrest Clinic; $ 533 to the Capitol Women's Center; $ 3800 to the Washington Surgi-Clinic; and plaintiffs' reasonable attorneys fees incurred as a result of these contempt proceedings, in an amount to be determined later.