Orlando Injunction Against Operation Rescue, et. al., 6/4/98

Affidavits from detectives with the Orlando Police Dept. reflect that they met with leaders of Operation Rescue National on May 4, 1998, and visited ORN's website in May 1998, yet did not file an injunction against the group until three days prior to Operation Push Back . 

No effort was made to notify ORN of the injunction. Although a hearing concerning the injunction was held, no one from ORN was notified of the hearing, no one from ORN was present.

An injunction was signed in the Circuit Court of the Ninth Judicial Circuit, Orange County, Florida by Circuit Court Judge Walter Komanski on May 28, 1998 in case number CI 98-4508. On June 4, 1998, Circuit Court Judge R. James Stroker signed an Order amending that injunction keeping the same case number. 

Below is the amended injunction with italicized text indicating text added by Judge Stroker and underlined text indicating text deleted by Judge Stroker.

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA 

CASE NO.: CI 98-4508 

CITY OF ORLANDO, 
Petitioners,

vs. 

OPERATION RESCUE, and those operating in concert with or participating with them, 
Respondents, 

REFUSE AND RESIST, ACT UP, ORAL MAJORITY, and those operating in concert with or participating with them. 
Co-Respondents. 

ORDER AMENDING AND GRANTING PETITION FOR TEMPORARY INJUNCTION AND ORDER DENYING OPERATION RESCUE'S MOTION TO DISSOLVE

THIS CAUSE having come before this court pursuant to Petitioner's Petition For Temporary Injunctive Relief (hereinafter "Petition"), and Operation Rescue's Motion to Dissolve, and this court being duly advised in the premises, it is hereby: 

ORDERED AND ADJUDGED that the Respondent's Motion to Dissolve is hereby DENIED, and it is further

ORDERED AND ADJUDGED that the Respondents, Operation Rescue, having notice of their Emergency Motion to Vacate or Dissolve the Injunction, and being represented by counsel, and Co-Respondents, Refuse and Resist, Act Up, and Oral Majority, and those operating in concert with or participating with them, or on their behalf, with notice in any manner or by means of this order (hereinafter referred to generally as respondents) are temporarily enjoined from engaging in the following: 

1) Entering onto the private property of the reproductive health services facilities listed in paragraph 24 (hereinafter, "Premises") of the Petition, to wit: 1103 S. Lecerne Terrace, Orlando, Fl.; The EPOC Clinic, 609 E. Virginia Drive, Orlando, Fl., and National Women's Health Organization of Central Florida, 1700 Colonial Drive, Orlando, Fl.; and any other reproductive health services facilities located within the City limits of the City of Orlando and the curtilage thereof. 

2) Impeding, blocking or obstructing the entryways into the parking areas located at or used by persons accessing the premises, or the free passage of patients or those persons accompanying them at their request or with their permission to and from any parking areas and the entrance or exits of the facilities; 

3) Using amplification devices, including but not limited to auto horns, bull horns, electric amplifiers, or other similar types of devices used or intended to be used to amplify sound, within 1,000 feet of the subject Premises or other medical facilities located within the City, or using same without prior compliance with all City ordinances addressing their use, including but not limited to Chapter 42 of the Code of the City of Orlando; 

4) Singing, chanting, whistling, shouting, yelling, using auto horns, or in other ways creating noise within earshot of the patients inside the Premises; 

5) At all times on all days. physically abusing, grabbing, intimidating, touching, pushing, shoving, crowding, assaulting or battering any person or persons entering or leaving the Premises;

6) Possessing, carrying or otherwise transporting within 1,000 feet of any Premises, any locking devise, chain, cord, rope, cable, hand cuffs, fastener, glue or other item which is intended to be used or could be used to bind people to each other or to any object; 

7) Bringing any weapons within 1,000 feet of any Premises including, but not limited to, sticks, knives, firearms, canes, explosive or incendiary devices or substances, gasoline, alcohol, chemicals, bottles, glass objects or containers or any other item which is intended to be used as, or could be used as a weapon, projectile, incendiary device or irritating agent; 

8) Bringing any bag, purse, backpack or other item which is opaque and may conceal any item prohibited herein within 1,000 feet of the Premises unless said item is subject to search; 

9) Entering or remaining within a 10 foot buffer zone to be created between the Respondents and Co-Respondents and those operating in concert with or participating with them;

10) Entering or remaining within an area that is designated by the City for those operating in concert with or participating with Respondent when their intent is to protest in opposition to the position of Respondent;

11) Entering or remaining within an area that is designated by the City for those operating in concert with or participating with Co-Respondent when their intent is to protest in opposition to the position of Co-Respondent;

12) At all times on all days, encouraging, inciting, or securing other persons to commit any of the prohibited acts listed herein,

13) Any person(s) arrested within the Premises for any violations of law or of this injunction and released on pre-trial release shall have as a condition of release that they are not to return to any of the Premises described herein, to wit: 1103 S. Lecerne Terrace, Orlando, Fl.; 609 E. Virginia Drive, Orlando, PI.; National Women's Health Organization of Central Florida, 1700 Colonial Drive, Orlando, Fl.; or, any other reproductive health services facilities located within the City limits of the City of Orlando and the curtilage thereof; or to the Barnes and Noble Store located at 2418 E. Colonial Dr., Orlando, Fl. 

14) The terms and conditions enumerated herein shall be in full force and effect until midnight, June 7, 1998.

15) The Court hereby makes a factual finding that the following facts constitute evidence of irreparable injury justifying the entry of this order without notice to Co-Respondents to wit: there is the threat of immediate or irreparable injury, because of the potential for public disorder and violence that may result from the actions of the Respondents or Co-Respondents based upon information received by the City of Orlando which indicates a past history for disruption of streets and sidewalks, violation of property rights and threats of violence or crimes committed against persons lawfully entering reproductive health services facilities. In addition, the presence of the Co-Respondents, some of whom also have engaged in disruptive, violent or illegal activities, heightens the need for restrictions to ensure the safe and orderly pursuit of First Amendment demonstrations by the Respondents and Co-Respondents as well as the safe egress and ingress of patients, staff and others entering or leaving the Premises.

16) There is no adequate remedy at law for the injuries which are likely to occur to persons or property if the Respondents and Co-Respondents. are not restrained on the scope of their expression. There is ample evidence herein stated to establish a threat to the public safety and order which promotes the free flow of traffic on public streets and sidewalks, protects the property rights of all its citizens, and protects the safety of women who are lawfully seeking services from these facilities.

It is ORDERED AND ADJUDGED that nothing herein shall restrict duly constituted law enforcement authorities from providing traffic control and regulation and measures necessary to insure public safety and the protection of both public and private properties. 

It is ORDERED AND ADJUDGED that any City of Orlando police officer or other person authorized to serve process may serve a copy of this order on any individual who may not have otherwise received notice of the order. Such officer may read the operative prohibitory language of this order to any individual who is without notice of this order, and such service or oral notice shall subject the person so served or noticed to the sanctions provided for herein for failure to comply herewith. 

It is ORDERED AND ADJUDGED that law enforcement authorities, pursuant to the protective provisions of the court's order, are authorized to arrest those persons who appear to be in willful and intentional disobedience of this injunction. Upon such arrest the person so arrested shall be admitted to bail upon the posting of a $2,500 cash or surety bond, which bond will be returnable before the undersigned judge at his/her chambers, at 8:30 a.m. on the seventh (7th) day after arrest exclusive of weekends and holidays. Any county or circuit judge in Orange County is authorized to modify, upward or downward, the dollar amount and the return date of such bond upon good cause being shown. In the event of arrest and no bond being posted, the person arrested shall be promptly transferred to the Orange County jail and the undersigned judge shall be immediately notified by the arresting officer and Orange County jailer of such confinement. 

SO ORDERED this 4th day of June, 1998, in Orange County, Florida. 

R. James Stroker <signed> 
Circuit Court Judge 

I HEREBY CERTIFY that a true and correct copy of the Order was served by facsimile and hand delivery by U.S. mail to Nicole Kerr, Esquire, counsel for Operation Rescue by facsimile number (407) 875-0770, Post Office Box 540774, Orlando, Florida 32854 and by hand delivery to representatives for the Co-Respondents this 4th day of June as to be evidenced by return(s) of service to be filed at a later date. 

Dorothy K. Burk, Police Legal Advisor 
Orlando Police Department 
100 South Hughey Avenue 
Orlando, Florida 32801 
(407) 246-2464 
Florida Bar Number 386510