National Organization for Women v. Operation Rescue

914 F.2d 582, 1990 WL 134717
Court of Appeals for the Fourth Circuit·Decided September 19, 1990·No. Nos. 90-2606, 90-2607 and 90-2651·Published·Cited by 23 cases

Opinion

PER CURIAM:

This is an appeal of a permanent injunction entered against six individuals and Operation Rescue, an unincorporated association whose members oppose abortion and its legalization. The district court enjoined them, inter alia, from “trespassing on, blockading, impeding or obstructing access to or egress from” the premises of plaintiffs, facilities that provide abortions or abortion counseling. The court held that defendants’ blockading of abortion facilities infringed the right to travel of women seeking to obtain abortions at clinics in the Washington metropolitan area, in violation of 42 U.S.C. § 1985(3), and certain of their rights under state law. Nat’l Org. For Women (NOW) v. Operation Rescue, 726 F.Supp. 1483 (E.D.Va.1989). Operation Rescue and the six individual defendants appeal. NOW cross-appeals, along with nine abortion facilities and four other organizational plaintiffs. We reject both appeals and affirm the judgment of the district court.

I.

Plaintiffs are nine clinics in the Washington metropolitan area and Northern Virginia that provide various abortion-related services, and five organizations that seek to preserve a woman’s right to obtain an abortion. Defendant Operation Rescue is an organization whose purpose is to prevent abortions and to oppose their legalization. One of the ways Operation Rescue seeks to effectuate these goals is to stage “rescue” demonstrations at abortion facilities. At these demonstrations, the participants “intentionally trespass on the clinic’s premises for the purpose of blockading the clinic’s entrances and exits, thereby effectively closing the clinic” and “ ‘rescupngj’ ... fetuses scheduled for abortion.” 726 F.Supp. at 1487. The individual defendants are persons who oppose abortion and its legalization, and who seek to advance their views in part by “planning, organizing and participating in ‘rescue’ demonstrations under the banner and auspices of Operation Rescue.” Id. at 1488.

On November 8, 1989, plaintiffs filed a motion for a temporary restraining order in United States District Court for the Eastern District of Virginia, seeking to enjoin defendants from, among other things, physically impeding access to certain facilities that offer abortion and related services. The impetus for this action was defendants’ alleged plans for meetings, rallies, and “rescue” demonstrations on November 10-12 and 18-20, 1989 in the Washington metropolitan area. No rescue activities took place in Northern Virginia during that period. However, clinics in Maryland and the District of Columbia were closed due to demonstrations on those dates.

The district court granted plaintiffs’ motion for a temporary restraining order after an expedited hearing on November 8-9, 1989. The trial of the action on the merits and the hearing on the application for a preliminary injunction were consolidated and scheduled to be heard on November 16, 1989. After a two day trial in which plaintiffs presented testimony from nine witnesses and defendants elected to present no evidence, the district court granted the request for a permanent injunction. The court enjoined defendants from “trespassing on, blockading, impeding or obstructing access to or egress from the [listed] premises.” Id. at 1497. The court refused on First Amendment grounds to extend the injunction to enjoin rescue activities that tend to “intimidate, harass or disturb patients or potential patients.” Id.

The district court concluded that defendants’ activities operated to deny to women seeking abortions and abortion-related services the right to travel interstate in search of medical services in violation of 42 U.S.C. § 1985(3). The court noted that the elements of a cause of action under § 1985(3) are:

“(i) conspiracy; (ii) for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal [585] privileges and immunities under the laws; (iii) an act in furtherance of the conspiracy; (iv) whereby a person is either injured in his person or property or deprived of any right or privilege of a citizen of the United States.”

Id. at 1492 (quoting Griffin v. Breckenridge, 403 U.S. 88, 102-03, 91 S.Ct. 1790, 1798-99, 29 L.Ed.2d 338 (1971)). The court held that defendants had violated § 1985(3) by entering into a conspiracy to deprive women, whom it found to be a protected class within the meaning of § 1985(3), of their constitutional right to travel. It reasoned, citing Doe v. Bolton, 410 U.S. 179, 93 S.Ct. 739, 35 L.Ed.2d 201 (1973), that the rescue demonstrations interfere with the right to travel because substantial numbers of women seeking the services of clinics in the Washington metropolitan area travel interstate to obtain these services.

The court further found that permanent injunctive relief was appropriate because: (i) there was no adequate remedy at law; (ii) the balance of equities favored plaintiffs; and (iii) the public interest was served by granting the injunction. The court found that women seeking abortions and counseling were likely to suffer irreparable physical and emotional harm as a result of defendants’ blockading of abortion facilities. The court noted, for example, that some women require insertion of a pre-abortion laminaria to achieve cervical dilation. Women prevented from entering the clinics for timely removal of this device may risk bleeding, infection, or other possible serious complications, or may be forced to seek services elsewhere. Similarly, the court referenced testimony to the effect that preventing access to abortion clinics could cause clients to experience stress, anxiety, and mental harm. 726 F.Supp. at 1489. The court concluded that since plaintiffs’ actions were lawful, although morally objectionable to defendants, the balance of equities weighed in favor of guaranteeing the public protection of the constitutional right to travel.

Operation Rescue now appeals, and the National Organization for Women cross-appeals the district court’s refusal to extend the scope of the injunction.

II.

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