Women's Center. He participated directly in the blockades and assisted with planning strategy for the events. Petition, Ex. I at 1-2. Mr. Jewitt has also written letters on Operation Rescue stationery soliciting funds and assistance for future Operation Rescue projects. Petition, Ex. M.
10. Defendant Pat Mahoney spoke at an Operation Rescue rally on April 3, 1992. At the rally, a schedule of events printed on Operation Rescue stationery was distributed. The flier listed Pat Mahoney as the contact person for the events. Petition, Ex. G at 2 & attachment 6.
11. Defendant Operation Rescue advertised and promoted the April 3-5 events, which included the blockades. Promotional materials included the schedule of events on Operation Rescue stationery (Petition, Ex. G attachment 6) and two maps of event sites distributed at the Operation Rescue rally. Petition, Ex. G at 3 & attachments 7 & 8.
12. Defendant Operation Rescue National printed a brochure announcing the weekend events. The brochure advocated civil disobedience: "Civil disobedience is not the issue -- Biblical obedience to the command to rescue innocent unborn children from death is the issue." Petition, Ex. G, attachment 1.
13. Operation Rescue National and defendant Keith Tucci solicited and raised funds to support the April 3-5 weekend activities. Petition, Ex. G, attachments 3 & 4.
14. Defendant Project Rescue solicited funds and participants for the April 3-5 events. In a letter to "fellow prolifer[s]" written on Project Rescue letterhead, Defendant "Kip" Gannett wrote that "Project Rescue, in concert with Randall Terry and Pat Mahoney, will be holding Rallies in support of & weekend of prolife, profamily, counter demonstrations [sic]." Petition, Ex. G, attachment 5. The letter made no direct reference to the blockades, but stated "Planned prolife activities for the weekend will be fully discussed at the Rallies." Id.
15. Defendant Gannett and several other protesters in the April 4 blockades wore Project Rescue t-shirts. Petition, Ex. F at 2.
16. The blockaders damaged the property of the Hillcrest Women's Surgi-Center. In the course of the January 22, 1992 blockade, demonstrators destroyed a fence and damaged the lawn and some cabbage plants. The April 4, 1992 blockaders damaged flower beds that had just been planted and destroyed juniper bushes. The clinic has been billed $ 1,010 for repairs to property damaged in the blockades.
III. Conclusions of Law
1. The Court has personal jurisdiction over Keith Tucci, Clifford Gannett, Randall Terry, Patrick Mahoney, Operation Rescue, and Operation Rescue National for the purposes of this civil contempt hearing. See Halderman v. Pennhurst State Sch. & Hosp., 673 F.2d 628, 637 (3d Cir. 1982) (stating settled rule that "the merits of the underlying order may not be called into question in a post-judgment civil contempt proceeding" (citing Oriel v. Russell , 278 U.S. 358, 73 L. Ed. 419, 49 S. Ct. 173 (1929)).
2. This court has pendent jurisdiction over the subject matter of this contempt proceeding, Bray v. Alexandria Women's Health Clinic, 122 L. Ed. 2d 34, 61 U.S.L.W. 4080, 4086, 113 S. Ct. 753 (U.S. Jan. 13, 1993), and authority to cite defendants for contempt of its orders even though appeal from them is pending. Plaquemines Parish Comm'n Council v. United States, 416 F.2d 952, 954 (5th Cir. 1969).
3. Clifford Gannett, Operation Rescue, Keith Tucci, and Operation Rescue National knowingly and deliberately violated the July 31, 1990 Revised Permanent Injunction. Specifically, these persons and organizations violated those provisions of the Injunction barring all defendants and those acting in concert with them "from inducing, encouraging, directing, aiding, or abetting others" to trespass on, blockade, or obstruct access to or egress from facilities at which abortions are performed and other medical services are rendered. Revised Permanent Injunction at 3.
4. Defendants Gannett and Bray, as well as Jeff White, Michael King, Mark Dubioski, and Robert Jewitt blockaded and ordered others to blockade clinics on April 4, 1992, in violation of the Injunction. Defendants Operation Rescue and Operation Rescue National provided the organizational resources for this illegal activity, which was carried out under the names of Operation Rescue and Operation Rescue National.
5. In blockading the clinics, defendants violated District of Columbia trespass law, which states:
Any person who, without lawful authority, shall enter, or attempt to enter, any public or private dwelling . . . against the will of the lawful occupant or of the person lawfully in charge thereof . . . shall be guilty of a misdemeanor.
D.C. Code § 22-3102. The participants in the blockades were under Court order not to trespass on the clinics and were ordered by clinic personnel and/or police at the time of the blockades to leave the property. Their presence on the property, clearly without lawful authority, constitutes trespass.
6. The blockades violated District of Columbia public nuisance law. B & W Management, Inc. v. Tasea Investment Co., 451 A.2d 879, 881 ("A public nuisance is an unreasonable interference with a right common to the general public," citing Restatement (Second) of Torts § 821B(1) (1979)). Interference with the interests of the community and the convenience of the general public also constitutes public nuisance. Id. at 881 n.5. The blockades, conducted in order to prevent patients and doctors from entering the clinics, were a nuisance for those who worked in and used the clinics' facilities, depriving them of access to their jobs and to health care services. Such conduct was also a nuisance to the general public and to the city, which was forced to provide law enforcement officers to control the blockades. The blockades constituted a public nuisance in violation of District of Columbia law and warranted the Injunction issued against defendants.
7. Keith Tucci and Operation Rescue National are in contempt for refusing to obey the subpoena, properly served on Keith Tucci and Operation Rescue National on January 22, 1992.
8. Keith Tucci and Operation Rescue National are in contempt of Court for failing to appear for the January 24, 1992 show cause hearing.
9. The July 31, 1990 Revised Permanent Injunction explicitly stated that, in order to coerce compliance, if the terms of the Injunction were violated, there would be a "fine to be paid to the medical facility or facilities that are or become the target of the violation." Due to the dual compensatory and coercive nature of civil contempt proceedings, future contempt fines were intended to be payable to the plaintiff clinics "as additional deterrence, and because plaintiffs have demonstrated that defendants' activities cause damage to the blockaded clinics." Memorandum, July 31, 1990 at 13. See generally New York v. Shore Realty Corp., 763 F.2d 49, 54 (2d Cir. 1985); N.A. Sales Co. v. Chapman Indus. Indus. Corp., 736 F.2d 854, 857 (2d Cir. 1984).
10. The Revised Permanent Injunction shall be modified as follows: the $ 5,000 sanction, which doubles upon succeeding violations, against individuals found in contempt of the Injunction shall apply against Randall Terry and Michael Bray for any future violations in addition to the individuals named in the Injunction and in the January 16, 1992 Order.
11. Based on the evidence submitted with plaintiffs' July 17, 1992 Petition, the Revised Permanent Injunction shall be further modified to include Jeff White, Michael King, Mark Dubioski, and Robert Jewitt as named parties to the Injunction. These parties shall be 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 services, or gynecological services ore performed in the District of Columbia.
12. In aid of coercing compliance, the Clerk of this Court shall enter judgment in favor of plaintiffs for distribution by them to the clinics at which blockades occurred in January and April 1992 as follows:
a. Against Keith Tucci for knowingly and deliberately violating the Revised Permanent Injunction, singly and in active concert with defendants Clifford Gannett and Operation Rescue, $ 5,000 for the January violations and $ 10,000 for the April violations, totalling $ 15,000.
b. Against Keith Tucci for his failure to appear on January 24, 1992, the sum of $ 41,600, being $ 100.00 per day for each day between January 24, 1992 and March 16, 1993, without prejudice to future motions for judgment in amounts equal to $ 100.00 per day each day which passes until Keith Tucci enters an appearance in the matter.
c. Against Operation Rescue National and Operation Rescue, jointly, for deliberate violations of the Revised Permanent Injunction, $ 50,000 for each weekend of activity, totalling $ 100,000.
d. Against Clifford Gannett for knowing and deliberate violations of the Revised Permanent Injunction, $ 5,000 for the January activities and $ 10,000 for the April activities, totalling $ 15,000.
e. Against Patrick Mahoney for knowing and deliberate violations of the Revised Permanent Injunction, $ 2,500 for the January violations and $ 7,500 for the April violations, totalling $ 10,000.
f. Against Operation Rescue and Operation Rescue National, $ 1,010 to compensate the Hillcrest Women's Surgi-Center for property damages resulting from the blockades.
13. It is the responsibility of plaintiffs to execute these judgments, using such private,
District of Columbia,
and United States government
collection assistance as may be available to them.
DATE: March 15, 1993
Louis F. Oberdorfer
UNITED STATES DISTRICT JUDGE
ORDER - March 16, 1993, Filed
The Court has established a schedule of sanctions in order to deter future violations of the Revised Permanent Injunction Order filed July 31, 1990, as modified by Orders filed September 25, 1990, and January 16, 1992. These Orders warned defendants that in event of future violations, sanctions would be imposed as follows:
Against Operation Rescue, a $ 50,000 fine, to be paid to the targeted facilities;
Against Clifford Gannett, Joseph Foreman, Susan Odom, or Michael McMonagle, a $ 5,000 fine, doubling with each succeeding violation, to be paid to the targeted facilities;