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NOW v. OPERATION RESCUE

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


July 30, 1990

NOW, et al., Plaintiffs,
v.
OPERATION RESCUE, et al., Defendants

The opinion of the court was delivered by: OBERDORFER

LOUIS F. OBERDORFER, UNITED STATES DISTRICT JUDGE

 REVISED PERMANENT INJUNCTION

 For the reasons stated in the accompanying Memorandum, the Court has found that defendants, and those acting in concert with them, have violated 42 U.S.C. ยง 1985(3), as well as District of Columbia laws relating to trespass and public nuisance, that such violations are likely to recur, that plaintiffs suffer irreparable injury as a result of these violations, and that no adequate remedy exists at law bar these violations or to compel future compliance by defendants and others with notice of this Permanent Injunction. Accordingly, it is this 30th day of July, 1990, hereby

 ORDERED: that the Permanent Injunction filed January 26, 1990 is VACATED; and it is further

 ORDERED: that plaintiffs' Cross-Motion for Summary Judgment is GRANTED; and it is further

 ORDERED: that defendants' Motion to Dismiss is DENIED; and it is further

 ORDERED: that final judgement be entered in favor of plaintiffs and against defendant; and it is further

 ORDERED, ADJUDGED, and DECREED: that Operation Rescue, Randall Terry, Patrick Mahoney, Clifford Gannett, Jayne Bray, Michael Bray, Michael McMonagle, Joseph Foreman, Susan Odom, and persons acting in concert with them are enjoined and restrained from in any manner, or by any means, trespassing on, blockading, impeding or obstructing access to or egress from the following premises: Capital Women's Center, 1339 22nd Street, N.W., Washington, D.C.; Hillcrest Women's Surgi-Center, 7603 Georgia Avenue, N.W., Washington, D.C.; Planned Parenthood Clinic, 1701 Q Street, N.W., Washington, D.C.; New Summit Medical Center, 2112 F Street, N.W., Washington, D.C.; Washington Surgi-Clinic, 1018 22nd Street, N.W., Washington, D.C.; Washington Hospital Center, 110 Irving Street, N.W., Washington, D.C.; Hillcrest Women's Surgi-Center, 3233 Pennsylvania Avenue, S.E., Washington, D.C.; Planned Parenthood of Metropolitan Washington, D.C., Inc., 1108 16th Street, N.W., Washington, D.C.; Planned Parenthood of Metropolitan Washington, D.C., Inc., 2811 Pennsylvania Avenue, S.E., Washington, D.C.; and it is further

 ORDERED, ADJUDGED, and DECREED: that Operation Rescue, Randall Terry, Patrick Mahoney, Clifford Gannett, Jayne Bray, Michael Bray, Michael McMonagle, Joseph Foreman, Susan Odom and persons acting in concert with them are enjoined and restrained from in any manner, or by any means, trespassing on, blockading, impeding or obstructing access to or egress from any facility at which abortions, family planning, or gynecological services are performed in the District of Columbia; and it is further

 ORDERED: that Operation Rescue, Randall Terry, Patrick Mahoney, Clifford Gannett, Jayne Bray, Michael Bray, Michael McMonagle, Joseph Foreman, Susan Odom and persons acting in concert with them are enjoined and restrained from inducing, encouraging, directing, aiding, or abetting others in any manner, or by any means, to trespass on, to blockade, or to impede or obstruct access to or egress from any facility at which abortions, family planning, or gynecological services are performed in the District of Columbia; and it is further

 ORDERED: that a $ 50,000 contempt sanction will be imposed upon Operation Rescue in the event that it violates this injunction, such fine to be paid to the medical facility or facilities that are or become the target of the violation; and it is further

 ORDERED: that a $ 5,000 contempt sanction will be imposed upon Clifford Gannett, Joseph Foreman, Susan Odom, or Michael McMonagle on the next occasion that such individual violates the injunction, such fine to be paid to the medical facility or facilities that are or become the target of the violation and the sanction to be imposed for each succeeding violation by any one of the foregoing named individuals will be double the sanction imposed on account of its predecessor violation; and it is further

 ORDERED: that that a $ 2,500 contempt sanction will be imposed upon Patrick Mahoney on the next occasion that he violates this injunction, such fine to be paid to the medical facility or facilities that were the target of the violation and the sanction to be imposed for each succeeding violation by Patrick Mahoney will be tripled on account of its predecessor violation; and it is further

  DECLARED: that this PERMANENT INJUNCTION is in aid, and not in derogation, of the authority and responsibility of the United States, the District of Columbia, and their respective law enforcement agencies with respect to enforcement of relevant federal and District of Columbia laws; and it is further

 ORDERED: that the United States Marshal for the District of Columbia shall serve this injunction or cause it to be served on each of the named defendants; and it is further

 ORDERED: that plaintiffs may post this Order at their premises and cause it to be published at their expense.

19900730

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