Portland Feminist Women's Health Center v. Advocates for Life, Inc.

859 F.2d 681, 1988 U.S. App. LEXIS 13658, 1988 WL 102212
CourtCourt of Appeals for the Ninth Circuit
DecidedOctober 6, 1988
DocketNos. 86-4102, 86-4140
StatusPublished
Cited by68 cases

This text of 859 F.2d 681 (Portland Feminist Women's Health Center v. Advocates for Life, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Portland Feminist Women's Health Center v. Advocates for Life, Inc., 859 F.2d 681, 1988 U.S. App. LEXIS 13658, 1988 WL 102212 (9th Cir. 1988).

Opinion

HUG, Circuit Judge:

This appeal challenges the constitutionality of a preliminary injunction issued by the district court in litigation still pending before it. We are called upon to determine whether the preliminary injunction is im-permissibly vague and whether it abridges protected First Amendment rights of the appellants.

[683]*683FACTS

Appellants are a nonprofit corporation that engages in right-to-life advocacy, and seven of its members; an unincorporated association that engages in right-to-life advocacy and one of its members; one hundred Doe members of the two organizations; and four additional individuals (hereinafter, “the advocates”). These parties are defendants in litigation brought in district court by the appellees as plaintiffs. Appellees are a nonprofit corporation that provides medical treatment for women at its facility, including pregnancy testing, abortions, gynecological service, preventive health care, and reproductive counseling; five of its employees; and one individual client (hereinafter, “the clinic”).

The clinic brought an action against the advocates that was based on several spirited demonstrations in front of the clinic’s building. The complaint sought both equitable relief and damages for conspiracy to prevent exercise of federal constitutional rights; violation of Oregon’s civil racketeering statutes; interference with business relations; intentional infliction of emotional distress; assault; and defamation. The clinic moved for a preliminary injunction, and the motion was brought before a magistrate for an evidentiary hearing.

The magistrate recommended to the district court that a preliminary injunction be issued based on his findings of fact. We quote the material portions of these findings:

Findings from the 'preliminary injunction hearing
The evidence showed that the following conduct has taken place. Defendants and others (“demonstrators”) gather at the Center1 for demonstrations against abortion on days on which abortions and other medical procedures are performed. The number of demonstrators vary from fewer than ten to a number approaching 160. These demonstrations have occurred on a fairly regular basis since 1984 and are likely to continue in the future a manner have taken place in the past unless the court orders otherwise.
Demonstrators often crowd around the Foster Road entrance to the Center with large signs and other objects. These signs and objects are waved at clients and client escorts in a threatening manner and used to impede direct passage into the Center. Demonstrators scream and yell at Center clients, escorts, and staff, sometimes inches away from their faces, as they enter and exit the Center. Demonstrators press literature on clients and employees who have indicated they do not wish to talk or receive such literature. Demonstrators bump, grab, and push persons wishing to enter the Center in an effort designed to impede passage. Demonstrators chant, shout, and scream from the sidewalk alongside the Center in a manner which is calculated to be and is in fact heard inside the Center on the second floor where medical procedures are being performed.
The noise, intimidation, and threatening acts caused or made by the demonstrators makes the provision of medical care in the Center very difficult. This conduct raises the risk of medical complications and injury to clients. Some clients are upset and visibly shaken from having to maneuver their way through the demonstrators. This condition sometimes leads to incomplete or inaccurate health history reports which the client completes soon after entry to the Center. Clients and staff find it difficult to relax and concentrate. The atmosphere inside the Center is often tense during high-pitched demonstrations. On many occasions, the noise generated by demonstrators prevents conversation inside the Center, and makes procedures such as blood pressure measurement difficult.
During a medical emergency on February 5, 1985, a client of the Center needed to be taken to the hospital. Demonstrators impeded the passage of ambulance attendants who had been called to transport the client to the hospital.

[684]*684The district court adopted the findings in their entirety and issued the following injunction:

IT IS HEREBY ORDERED that defendants, their agents, servants, employees, and all persons, groups, and organizations acting in concert with one or more of the defendants are enjoined from committing any of the following acts:
1. obstructing the free and direct passage of any person in or out of the Portland Feminist Women’s Health Center (the Center);
2. demonstrating or distributing literature on the Foster Road sidewalk in front of the Center in a rectangular zone that extends from the Center’s front door to the curb and twelve and one-half feet on either side of a line from the middle of the Center’s door to the curb;
3. shouting, screaming, chanting, or yelling during on-site demonstrations;
4. producing noise by any other means which substantially interferes with the provision of medical services within the Center, including counseling;
5. trespassing on Center property;
6. damaging the property of the Center, its employees or clients; and
7. interfering with the Center’s receipt of public utility services.
This Order shall remain in effect until further order of the court.

After the injunction was issued, the demonstrations continued, and at a hearing the district court found several of the individual advocates in contempt. We are asked to determine the validity of both the injunction and the contempt citations.

ANALYSIS

The district court’s jurisdiction over the litigation underlying this appeal is based on 28 U.S.C. § 1331 (1982). We have jurisdiction over an appeal from an order issuing a preliminary injunction under 28 U.S.C. § 1292(a)(1).

As a general matter, our review of an order granting a motion for a preliminary injunction is limited to determining whether the order is an abuse of discretion, based on erroneous legal standards, or clearly erroneous findings of fact. Oakland Tribune, Inc. v. Chronicle Publishing Co., Inc., 762 F.2d 1374, 1376 (9th Cir.1985). We apply this standard to our review of the order’s sufficiency under preliminary injunction standards. However, we are also called upon to review the injunction for constitutional infirmity. Because the findings of fact are not in dispute, our review of the constitutional issues is de novo. See Jews for Jesus, Inc. v. Board of Airport Comm’rs, 785 F.2d 791, 792 (9th Cir.1986).

The decision whether to issue a preliminary injunction is made under the following standard.

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Bluebook (online)
859 F.2d 681, 1988 U.S. App. LEXIS 13658, 1988 WL 102212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/portland-feminist-womens-health-center-v-advocates-for-life-inc-ca9-1988.