Planned Parenthood Asss'n v. Project Jericho

556 N.E.2d 157, 52 Ohio St. 3d 56, 1990 Ohio LEXIS 254
CourtOhio Supreme Court
DecidedJune 20, 1990
DocketNos. 89-579 and 89-592
StatusPublished
Cited by134 cases

This text of 556 N.E.2d 157 (Planned Parenthood Asss'n v. Project Jericho) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Planned Parenthood Asss'n v. Project Jericho, 556 N.E.2d 157, 52 Ohio St. 3d 56, 1990 Ohio LEXIS 254 (Ohio 1990).

Opinion

H. Brown, J.

We must determine whether the trial court abused its discretion by finding appellants in contempt for violating the injunction under either Civ. R. 65(D) or Civ. R. 23. We hold that the trial court properly exercised the discretion it had pursuant to both Civ. R. 65(D) and Civ. R. 23.

I

First Amendment Considerations

The First Amendment guarantees the right to publicly communicate views and to express dissension. Demonstrators may speak, march, picket, leaflet, carry signs or otherwise act to inform or persuade others of their beliefs. These rights, however, do not include the right to imperil public safety or to harass others in exercise of their rights. United States v. Dickens (C.A.3, 1982), 695 F. 2d 765, 772, certiorari denied (1983), 460 U.S. 1092; Galella v. Onassis (S.D.N.Y. 1972), 353 F. Supp. 196, 223, affirmed in part and reversed in part (C.A.2., 1973), 487 F. 2d 986. “* * * The rights of free speech and assembly, while fundamental in our democratic society, still do not mean that everyone with opinions or beliefs to express may address a group at any public place and at any time. The constitutional guarantee of liberty implies the existence of an organized society maintaining public order, without which liberty itself would be lost in the excesses of anarchy. * * *” Cox v. Louisiana (1965), 379 U.S. 536, 554.

The First Amendment does not preclude reasonable restrictions relating to time, place and manner of expression so long as they (1) are content-neutral, (2) are tailored to serve a significant government interest, and (3) leave alternative channels of communication open. United States v. Grace (1983), 461 U.S. 171, 177, citing Perry Edn. Assn. v. Perry Local Educators’ Assn. (1983), 460 U.S. 37, 45. See, also, Heffron v. Internatl. Soc. for Krishna Consciousness, Inc. (1981), 452 U.S. 640; Grayned v. City of Rockford (1972), 408 U.S. 104, 115; Adderley v. Florida (1966), 385 U.S. 39, 47-48, rehearing denied (1967), 385 U.S. 1020.

The injunction before us prohibits screaming, chanting, speaking or singing in a manner intended to reach or [60]*60which had the effect of reaching patients inside the clinic at 3332 Vine Street; screaming at patients entering or leaving the clinic; blocking the driveway, entrances or exits from the clinic or the public walkway in front of it; and mass picketing. The court limited the numbers of picketers to one stationary picket on the Louis Street sidewalk; one stationary picket on the Shields Street sidewalk and three moving pickets at designated locations. Limits were not placed on the numbers of pickets on the west side of Vine Street.

The injunction is not based upon the subject matter or content of speech and thus meets the first constitutional requirement of content neutrality. Heffron, supra, at 648.

The injunction serves a significant governmental interest. The interest is that trade and commerce be conducted unimpeded by breaches of the peace and threats to the safety of those engaged in or patronizing a lawful business. The business here is one in which patients seek medical treatment. Courts have uniformly recognized that restrictions (which meet the other constitutional tests) on demonstrations in front of medical clinics serve a legitimate public interest. Parkmed Co. v. Pro-life Counselling, Inc. (1981), 110 Misc. 2d 369, 442 N.Y. Supp. 396, modified on other grounds (1982), 91 App. Div. 2d 551, 457 N.Y. Supp. 2d 27; O.B.Y.G. Assns. v. Birthright of Brooklyn & Queens, Inc. (1978), 64 App. Div. 2d 894, 895, 407 N.Y. Supp. 2d 903, 906. See, also, Grayned, supra, at 117-118.

Finally, the injunction provides alternative channels of communication. Appellants are free to pass out literature, picket within reasonable limits and to express opinions. In order to express one’s opinion, it is not necessary to block access to facilities or disrupt the operations of a medical clinic.

Accordingly, we find that the injunction issued by the trial court does not violate the First Amendment.

II

Civ. R. 65(D)

We must also determine whether the injunction meets the requirements for injunctions set forth in Civ. R. 65(D). Civ. R. 65(D) states:

“Every order granting an injunction and every restraining order shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and is binding upon the parties to the action, their officers, agents, servants, employees, attorneys and those persons in active concert or participation with them who receive actual notice of the order whether by personal service or otherwise.”

A

Form and Scope of Injunction

In its order, the court stated that it was issuing the injunction because the conduct of picketers in the vicinity of the clinic and apartment building constituted a nuisance. The court was specific in its terms, and described in reasonable detail the acts to be restrained. (See Part I above.)

The injunction meets the drafting standard of the rule, that “* * * an ordinary person reading the court’s order should be able to ascertain from the document itself exactly what conduct is proscribed.” 11 Wright & Miller, Federal Practice & Procedure (1973) 536-537, Section 2955; Superior Sav. Assn. v. Cleveland Council of Unemployed Workers (1986), 27 Ohio App. 3d 344, 348, 27 OBR 402, 406, 501 N.E. 2d 91, 95. We find that the in[61]*61junction meets the requirements as to form and scope set by Civ. R. 65(D).

B

Persons Bound by the Injunction

Appellants claim the injunction is too broad because it “is against all persons picketing.” (Emphasis sic.)

Condit, Loebker, Brockhoeft and Antczak were named as defendants in the original and amended complaints. Whether or not the defendant class certification was proper (which issue will be discussed separately), those four defendants are “named parties to the action” for purposes of Civ. R. 65(D). As such, they are bound by the decree.

Whether the remaining' thirteen appellants are also bound depends upon whether they are “persons in active concert or participation with [the parties to the action].”

Nonparties are bound by an injunction to ensure “that defendants [do] not nullify a decree by carrying out prohibited acts through aiders and abettors, although they were not parties to the original proceeding.” Regal Knitwear Co. v. NLRB (1945), 324 U.S. 9, 14. The determination of breadth must be made on the facts of each case. Vuitton et Fils S.A. v.

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Bluebook (online)
556 N.E.2d 157, 52 Ohio St. 3d 56, 1990 Ohio LEXIS 254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/planned-parenthood-asssn-v-project-jericho-ohio-1990.