Earlier today I wrote that when Operation Rescue came to town in 1990 a Ramsey
County Court Judge ordered abortion opponents to stay on the south side of Ford
Parkway across from Planned parenthood.
That post contains 3 errors that I need to correct.
1. The fence apparently was erected in 1993, not 1990.
2. The decision was written by Federal Judge David Doty, not a Ramsey County
Court Judge and,
3. It appears that suit was brought by a private citizen who sued the City of
Saint Paul, while I thought Pro-Life Action Ministries was the plaintiff.
I have attached the full article from the Star-Tribune archives below. I
realize that I am violating St. Paul Post Rules here, but there is no way to
provide a link, without everyone paying $2.95 to read this story on-line, since
it's only in the archives.
Dann Dobson
[EMAIL PROTECTED]
Summit Hill - Saint Paul
===================================================================
[EMAIL PROTECTED] wrote:
Date: Fri, 25 Mar 2005 16:21:10 -0500
Subject: Requested NewsBank Article
From: [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
NewsBank InfoWeb
America's Newspapers
Paper: Star Tribune: Newspaper of the Twin Cities
Title: Judge rules man's rights not restricted
Author: Margaret Zack; Staff Writer
Date: August 10, 1995
Section: NEWS
Page: 01B
St. Paul police did not violate an abortion opponent's First Amendment
rights when they limited access to the area around a Planned Parenthood
clinic during a 1993 antiabortion training session by Operation Rescue, a
federal judge in Minneapolis ruled Wednesday.
U.S. District Judge David Doty dismissed the lawsuit by Mark Fischer, who
was not affiliated with Operation Rescue, on the ground that the
restrictions were needed to prevent dangerous confrontations between oppos!
ing groups and allow the clinic to operate, but still accommodate the rights
of abortion opponents to demonstrate.
"The First Amendment does not require the St. Paul police to ignore valid
public safety concerns and allow mayhem to ensue before acting to protect
access to the clinic and ensure public safety," he said.
His order details problems that police had in other cities, including
Wichita, Kan., and Buffalo, N.Y., when Operation Rescue blockaded clinics
providing abortion services. Protesters forced the closing of some clinics,
defied court orders and pushed legal systems to capacity. Operation Rescue
announced in March 1993 that it would be in Minnesota to conduct a 12-week
training session on protest tactics, including using scripture to dissuade
women from having abortions. It also identified the
Twin Cities as a target of its national Cities of Refuge campaign in July.
But no massive blockades or major incide! nts occurred at any clinic in the
Twin Cities, and the anticipated huge rallies never materialized.
Commander Larry McDonald, the St. Paul Police Department's team leader for
the southwest area, where the Planned Parenthood clinic is located, was
responsible for preparing for the protests.
After visiting four cities where Operation Rescue had held protests, he
decided that a fence should be built around Planned Parenthood and a buffer
zone placed between opposing groups. Everyone except employees, patients and
other visitors were prohibited from using the sidewalk in front of the
clinic at 1965 Ford Pkwy.
Fischer, who police regarded as nonviolent, began protesting twice a week in
front of Planned Parenthood in May 1993.
When he was excluded from the sidewalk in July 1993 and directed to the area
blocked off for abortion opponents, he claimed he was unable to distribute
literature or counsel clinic patients.
He claimed that the city violated his First Amendment rights because of his
views. He said the content of his speech was prohibited before it even
occurred. But Judge Doty said Fischer was not prevented from expressing his
message,
only from expressing it within a certain zone.
"The First Amendment does not guarantee an absolute right to anyone to
express their views any place, any time, and in any way that they want," he
said.
Restrictions were necessary because of the threat posed by Operation
Rescue's documented lawless activities, and the restrictions on speech were
not based on its content, he said.
Vincent Fahnlander, Fischer's attorney, City Attorney Timothy Marx and
Assistant City Attorney Lisa Veith could not be reached for comment
Wednesday.
In March 1994, McDonald was given the Medal of Valor by Chief Bill Finney
for developing the plans to avoid arrests and huge bills for police overtime
dur! ing the Operation Rescue protests.
Copyright (c) 1995, 2001 Star Tribune: Newspaper of the Twin Cities
Bob -
The issue about excluding protesters at Planned Parenthood was decided by
Federal Judge David Doty back in 1995 after the City of Saint Paul built a
fence around the front of Planned Parenthood in 1993 at the height of
Operation Rescue.
Here is a story from the Star Tribune back in 1995.
Dann Dobson
Summit Hill - Saint Paul
651-227-4376
[EMAIL PROTECTED] <mailto:[EMAIL PROTECTED]>
[EMAIL PROTECTED] wrote:
Date: Fri, 25 Mar 2005 16:21:10 -0500
Subject: Requested NewsBank Article
From: [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
NewsBank InfoWeb
America's Newspapers
Paper: Star Tribune: Newspaper of the Twin Cities
Title: Judge rules man's rights not restricted
Author: Margaret Zack; Staff Writer
Date: August 10, 1995
Section: NEWS
Page: 01B
St. Paul police did not violate an abortion opponent's First Amendment
rights when they limited access to the area around a Planned Parenthood
clinic during a 1993 antiabortion training session by Operation Rescue, a
federal judge in Minneapolis ruled Wednesday.
U.S. District Judge David Doty dismissed the lawsuit by Mark Fischer, who
was not affiliated with Operation Rescue, on the ground that the
restrictions were needed to prevent dangerous confrontations between oppos!
ing groups and allow the clinic to operate, but still accommodate the rights
of abortion opponents to demonstrate.
"The First Amendment does not require the St. Paul police to ignore valid
public safety concerns and allow mayhem to ensue before acting to protect
access to the clinic and ensure public safety," he said.
His order details problems that police had in other cities, including
Wichita, Kan., and Buffalo, N.Y., when Operation Rescue blockaded clinics
providing abortion services.
Protesters forced the closing of some clinics, defied court orders and
pushed legal systems to capacity.
Operation Rescue announced in March 1993 that it would be in Minnesota to
conduct a 12-week training session on protest tactics, including using
scripture to dissuade women from having abortions. It also identified the
Twin Cities as a target of its national Cities of Refuge campaign in July.
But no massive blockades or major incide! nts occurred at any clinic in the
Twin Cities, and the anticipated huge rallies never materialized.
Commander Larry McDonald, the St. Paul Police Department's team leader for
the southwest area, where the Planned Parenthood clinic is located, was
responsible for preparing for the protests.
After visiting four cities where Operation Rescue had held protests, he
decided that a fence should be built around Planned Parenthood and a buffer
zone placed between opposing groups. Everyone except employees, patients and
other visitors were prohibited from using the sidewalk in front of the
clinic at 1965 Ford Pkwy.
Fischer, who police regarded as nonviolent, began protesting twice a week in
front of Planned Parenthood in May 1993.
When he was excluded from the sidewalk in July 1993 and directed to the area
blocked off for abortion opponents, he claimed he was unable to distribute
literature or counsel clinic patients.
He claimed that the city violated his First Amendment rights because of his
views. He said the content of his speech was prohibited before it even
occurred.
But Judge Doty said Fischer was not prevented from expressing his message,
only from expressing it within a certain zone.
"The First Amendment does not guarantee an absolute right to anyone to
express their views any place, any time, and in any way that they want," he
said.
Restrictions were necessary because of the threat posed by Operation
Rescue's documented lawless activities, and the restrictions on speech were
not based on its content, he said.
Vincent Fahnlander, Fischer's attorney, City Attorney Timothy Marx and
Assistant City Attorney Lisa Veith could not be reached for comment
Wednesday.
In March 1994, McDonald was given the Medal of Valor by Chief Bill Finney
for developing the plans to avoid arrests and huge bills for police overtime
dur! ing the Operation Rescue protests.
Copyright (c) 1995, 2001 Star Tribune: Newspaper of the Twin Cities
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