Hirsh v. City of Atlanta

401 S.E.2d 530, 261 Ga. 22, 1991 Ga. LEXIS 128
CourtSupreme Court of Georgia
DecidedMarch 15, 1991
DocketS90A1387, S90A1494
StatusPublished
Cited by15 cases

This text of 401 S.E.2d 530 (Hirsh v. City of Atlanta) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hirsh v. City of Atlanta, 401 S.E.2d 530, 261 Ga. 22, 1991 Ga. LEXIS 128 (Ga. 1991).

Opinions

Benham, Justice.

The City of Atlanta, having declared the actions of certain protestors to be a public nuisance, sought and was granted an injunction against Operation Rescue, several named individuals, and Jane and John Doe, described as others acting in concert with any of the named defendants in the complained of conduct. Contending that aspects of the injunction violate their First Amendment right of free speech, appellant Hirsh, a named defendant, and appellant Williams, who asserted he was a “John Doe,” appeal from the entry of certain portions of the injunction.1

[23]*23At the hearing on the injunction, the city presented evidence that appellant Hirsh and another named defendant informed the Atlanta city police in July 1988 of their intention to blockade a different facility providing abortions within the city limits each day of the Democratic National Convention. Neither the police nor the targeted facility was ever given prior notice of the site or the time of the defendants’ actions. From July 19 — September 22, 1988, police encountered the defendants and their followers 22 times at five different locations. The defendants’ primary method of operation was to assemble a large group of people at a designated location in the early morning hours and transport the massed group to a certain facility within the city. Upon arrival at their destination, the group trespassed on private property to blockade the means of ingress to and egress from the targeted building by locking arms and sitting and lying down. Emergency entrances, as well as entrances to the clinics and the administrative areas, were blockaded, trapping persons within the building as well as denying access to those physicians, staff, and clients who wished to enter. The protestors refused to leave when ordered to do so by authorized agents of the property owner and by police. When denied access to the private property, the group blocked the public right-of-way. When police barricades were in place, protestors crawled under the barricades separating them from the targeted facility. When placed under arrest, the group members refused to accompany police voluntarily and went limp, thereby forcing police officers to carry or drag them to police vehicles. Until the protestors were removed by arresting officers, the targeted facility was, in effect, shut down. The executive director of one health center testified that her facility had been the target of Operation Rescue activity over 100 times during the 20-month period from July 1988 to the date of the hearing, March 22, 1990.

[24]*24Upon the arrival of an automobile at a targeted facility, protestors surrounded the car, making it difficult for anyone to exit the vehicle. Upon emerging from a car, a patient was swarmed, became the target of verbal epithets, was photographed by the protestors, and was forced to go through the crushing crowd of protestors in order to enter the facility. On at least one occasion, a patient had to be lifted bodily by police over the protestors in order to gain access to the blockaded facility. A clinic executive director testified that the protestors’ activities caused patients much anxiety, that those who did gain access were visibly upset and some emotionally distraught. Patients’ blood pressure and pulse rates were elevated by the impediments they had had to overcome to gain entry, subjecting the women to additional health risk should an abortion, performed under local anesthesia, be done while the patient was in such a shaken state. Thus, additional time had to elapse in order for a patient to calm down sufficiently to permit medical care to begin. However, the sounds of the protestors could be heard in the clinic’s waiting, counseling, procedure, and recovery rooms, disrupting physicians and staff in all aspects of medical care-giving, as well as being a further impediment to a patient’s relaxed state.

The director of the city’s detention facilities testified that arrests had been made at protests the two days immediately preceding the hearing, bringing the total number of such arrests to approximately 1,320. The sheer number of persons arrested had forced the city to create temporary jail facilities and to cancel inmate visitation and recreation. Because many protestors refused to give correct names during the booking process, the average length of stay of each protestor in the jail increased to 5.21 days, with a cost to the city of $272,076 to house the incarcerated protestors.

The city introduced into evidence literature published under the name of Operation Rescue urging people to come to Atlanta to join in the protests in July 1988, October 1988, December 1988, and December 1989. There was evidence that an Operation Rescue recorded telephone message encouraged callers to picket a targeted facility, the homes of an attending physician and a prosecuting solicitor, and informed them of rallies at which they would be indoctrinated into the methods to be used during protests at the facilities.

1. The Atlanta city charter empowered the city to define a nuisance and provide for its abatement. Ga. L. 1973, p. 2188, § 1-102 (b), Appendix I, p. 2252, § (31). In September 1988, the Atlanta City Council passed a resolution, finding that defendants’ actions, designed to and having had the effect of endangering the public security, health, safety, and welfare of the City and its citizens, constituted a public nuisance, and authorized the City Attorney to seek in[25]*25junctive relief against the defendants.2

2. Appellants contend that the portions of the injunction which they have singled out (see footnote 1, supra) impermissibly infringe upon their First Amendment right to free speech.3 Since public streets and sidewalks have historically been considered “public forums,”

the government’s ability to permissibly restrict expressive conduct is very limited: the government may enforce reasonable time, place, and manner regulations as long as the restrictions “are content-neutral, are narrowly tailored to serve a significant government interest, and leave open ample alternative channels of communication.” [Cits.] [United States v. Grace, 461 U. S. 171, 177 (103 SC 1702, 75 LE2d 736) (1983).]

a) “Content neutral” speech regulations are those that “are justified without reference to the content of the regulated speech.” Virginia Pharmacy Bd. v. Virginia Citizens Consumer Council, 425 U. S. 748, 771 (96 SC 1817, 48 LE2d 346) (1976). Inasmuch as the injunction applies irrespective of the subject matter to be communicated and does not single out a particular content of speech for better or worse treatment (see id.), it is content-neutral. See also N. Y. State NOW v. Terry, 886 F2d 1339, 1363 (2d Cir. 1989); Portland Feminist Women’s Health Ctr. v. Advocates for Life, 859 F2d 681, 686 (9th Cir. 1988).

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Hirsh v. City of Atlanta
401 S.E.2d 530 (Supreme Court of Georgia, 1991)

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Bluebook (online)
401 S.E.2d 530, 261 Ga. 22, 1991 Ga. LEXIS 128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hirsh-v-city-of-atlanta-ga-1991.