The opinion of the court was delivered by: NEWCOMER
CLARENCE C. NEWCOMER, United States District Judge
Presently before the court is plaintiffs' motion for civil contempt. After a hearing on the matter held on December 18, 1989, the motion is now ripe for adjudication.
Because the procedural background of this case has been set forth in numerous previous memoranda of this court, it will not be repeated in detail here. For present purposes, it is sufficient to note that plaintiffs filed this action on June 29, 1988, seeking declaratory and injunctive relief addressed to the health and safety of women seeking abortions or other family planning services in the metropolitan Philadelphia area. After a hearing on June 30, 1988, this court granted plaintiffs' motion for a temporary restraining order. On September 22, 1988, the court granted plaintiffs' motion for a preliminary injunction pursuant to a temporary consent decree agreed to by the parties. After another hearing on November 15-16, 1988, and pursuant to an agreement between the parties, the court issued an order that provided for the preliminary injunction to remain in effect until such time as a hearing on permanent injunctive relief was held. After the November hearing and in a Memorandum and Order dated December 5, 1988, defendants Randall Terry, Michael McMonagle, Joseph Foreman, Operation Rescue, and nondefendant Tina Krail were found in civil contempt for violating the temporary restraining order of June 30, 1988. On March 21, 1989, the court granted in part plaintiffs' motion for summary judgment and issued a permanent injunction.
The pertinent provisions of each of the aforementioned injunctions read as follows:
Defendants, the officers, directors, agents and representatives of defendants, and all other persons acting in concert with them are enjoined and restrained in any manner or by any means from:
(a) trespassing on, blocking, obstructing ingress or egress from any facility at which abortions are performed in the City of Philadelphia or metropolitan area (including the City of Allentown, Pennsylvania, and Cherry Hill, New Jersey) and,
(b) physically abusing or tortiously harassing persons entering, leaving, working at, or using any services at any facility at which abortions are performed in the City of Philadelphia and metropolitan area (including the City of Allentown, Pennsylvania, and Cherry Hill, New Jersey) provided that: (i) "sidewalk counseling", consisting of reasonably quiet conversation of a non-threatening nature conducted by not more than two people for each person they are seeking to counsel, shall not be prohibited; (ii) no one is required to accept or listen to "sidewalk counseling" and should anyone decline such counseling, that person shall have the absolute right to leave or walk away without harassment; (iii) "sidewalk counseling" as defined here shall not limit the right of the Police Department and/or the United States Marshal to maintain public order by reasonably necessary rules and regulations as they decide are necessary at any particular demonstration site.
II. Civil Contempt -- Legal Standard
Civil contempt is remedial in nature and its purpose is to benefit the complainant. Latrobe Steel Co. v. United Steelworkers of America, 545 F.2d 1336, 1343 (3rd Cir. 1976); CBS Inc. v. Pennsylvania Record Outlet, Inc., 598 F. Supp. 1549, 1557 (W.D.Pa. 1984). Civil contempt proceedings are instituted primarily on motion of the plaintiff and are part of the underlying action. Latrobe, 545 F.2d at 1343-44.
Courts use civil contempt both to compensate losses or damages sustained by reason of noncompliance with a court order and to coerce future compliance. McDonald's Corp. v. Victory Investments, 727 F.2d 82, 87 (3rd Cir. 1984); CBS Inc., 598 F. Supp. at 1557; Calvin Klein Co. v. Fashion Indus. Inc., 221 U.S.P.Q. 81, 83 (D.N.J. 1982). Thus, the broad category of civil contempt consists of compensatory or remedial actions which seek to compensate the complainant for damages caused by past acts of disobedience, and coercive actions which are designed to aid the complainant by bringing the defiant party into compliance with the court's order. Latrobe, 545 F.2d at 1344.
None of the parties has challenged the validity or the existence of the applicable injunctions or restraining orders. Thus, the following discussion focuses on the remaining two ...