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Saturday, August 08, 2009

Ind Decisions - More on: Federal court vacates permanent injunction issued in 1990 prohibiting defendants from physically preventing women from accessing Fort Wayne abortion clinic

Thursday's order by U.S. District Judge William Lee (see ILB entry here) is the subject of a story today in the Fort Wayne Journal Gazette, reported by Rebecca S. Green. Some quotes:

With a few pen strokes, U.S. District Judge William Lee signed an order that dismissed a long-standing judgment against area anti-abortion activists, bringing about the sudden end to a contentious case nearly 20 years old.

Signed Thursday, Lee’s order dismisses the case of the Fort Wayne Women’s Health Organization vs. Wendell Brane, Bryan J. Brown, Ellen Brown and Northeast Indiana Rescue.

The lawsuit stemmed from the sometimes physical clashes between clinic staff and police and abortion protesters staging “rescues” at the clinic, then at 827 Webster St.

The story gives a good summary of the entire history of the case and concludes:
Lee ruled the initial injunction may be adversely affecting Brown’s ability to pursue his livelihood and noted none of the original plaintiffs came forward to contest Donegal Corridor’s and Brown’s motions, according to court documents.

In his ruling, Lee stressed that the case was never about abortion, existing rather “for the sole purpose of maintaining peace in the area” of the abortion clinic.

“Both sides were subject to certain restrictions intended to allow them to carry on their activities,” Lee wrote.

“(W)hile simultaneously respecting the physical safety of clinic employees, patients and protesters on both sides. For nearly 20 years, the very detailed injunction … succeeded in keeping peace notwithstanding the very tense atmosphere that arose out of the protests and activities conducted at the site.”

Posted by Marcia Oddi on August 8, 2009 10:11 AM
Posted to Ind Fed D.Ct. Decisions