blocked the entrance. She stated the injunction was read to the crowd, arrests were made, and the blockade ended at 10:00 a.m. As a result of the blockade, only ten of the twenty-five scheduled abortions were performed. Hunt saw no signs or other indicia of group affiliation at the blockade.
Hunt also testified that each of the demonstrations she testified about was different from those generally occurring at the clinics, in that these demonstrations were much larger and involved blockading of entrances, whereas the regularly occurring demonstrations typically involve a small number of demonstrators who picket, but do not blockade, the clinic.
Carol Wall, Executive Director of PP, testified that 150-160 demonstrators arrived at PP at 7:00 a.m. and succeeded in blockading the entrance, despite the efforts of PP employees to form a human corridor to escort patients into the clinic. Arrests began at noon and were completed by 1:30 p.m. As a result of the blockade, only six of the 25-30 abortions scheduled were performed. Although Wall did not observe any signs indicating group affiliation, Jean Hunt testified that later in the morning, she went over to PP and observed a banner with the word "rescue" on it and also three demonstrators wearing buttons with the word "rescue" on them.
5. April 29, 1989
Diane Straus, Regional Director of a corporation that owns NEWC and CHWC, testified that approximately 100-125 demonstrators arrived at CHWC at 7:00 a.m. and totally surrounded Straus and a group of clinic employees who had formed a human corridor in hopes of escorting patients into the clinic. Straus read the injunction to the crowd six times from various locations. Straus saw one sign that had the word "Operation Rescue -- Save the Babies" on it; she also testified that one of the demonstrators blocking the doorway had an "Operation Rescue" shirt on; and after the demonstration, she found a two-page document titled "Operation Rescue Psalter -- Psalms, Hymns & Prayers" on the windshield of her car. See Plaintiffs' Exhibit P-7. The demonstrators were cleared by police at approximately 1:00-2:00 p.m., and of the thirty-six abortions scheduled that day, twenty-two were performed.
Carol Wall testified that thirty demonstrators arrived at PP and blockaded the front and side entrances, and Wall was unable to enter the building. Wall read the injunction to the crowd, the police arrived, and the demonstrators dispersed at 9:30 a.m. As a result of the blockade, only nine of the 25-30 abortions scheduled that day were performed. Wall did not observe any signs indicating group affiliation.
6. June 10, 1989
Diane Straus testified that when she arrived at NEWC on this date, approximately 50 demonstrators were sitting and standing in front of the doorways such that she was unable to enter the building. Later, the number of demonstrators grew to approximately 125 in total. She recognized several demonstrators as persons who had demonstrated at clinics on previous occasions. She saw one demonstrator, who appeared to be a leader of the group, wearing a red "Operation Rescue" shirt. At some time, Straus stated that United States Marshals read the injunction to the crowd. As a result of the blockade, only three of thirty-nine abortions scheduled that day were performed.
Straus also testified that each of the demonstrations she testified about was different from those generally occurring at the clinics, because these demonstrations were much larger and also involved blockading of entrances, whereas the regularly occurring demonstrations typically involve a small number of demonstrators who picket, but do not blockade, the clinics.
Based on the testimony and documentary evidence presented at the hearing and as set forth above, the court finds that plaintiffs proved by clear and convincing evidence: (1) that valid orders of this court existed; (2) that defendants Michael McMonagle and Operation Rescue had knowledge of the order; and (3) that the defendant McMonagle disobeyed the court orders on January 21, 1989, and February 8, 1989. With regard to defendant Operation Rescue, the court finds that plaintiffs' evidence was lacking both in the quantity and quality necessary to prove by "clear and convincing evidence" that group's involvement in the protest activities on October 29, 1988, March 24, 1989, April 29, 1989, and June 10, 1989.
In the court's Order dated December 5, 1988, the court imposed and suspended conditional coercive fines upon Michael McMonagle in the amount of $ 10,000, for past violations of orders of this court. See Memorandum dated December 5, 1988, at 7-8 (citing violations occurring on July 5 and 6, 1988). As stated in that Order, future violations by McMonagle would result in the immediate withdrawal of suspension and imposition of those fines plus imposition of a $ 5,000 fine for each current violation. Accordingly, having found that McMonagle violated orders of this court again on January 21, 1989, and February 8, 1989, the court will withdraw the suspension and will impose the $ 10,000 in fines (relating to violations occurring on July 5 and 6, 1988), and will also impose fines in the amount of $ 10,000 for the current violations (i.e., those occurring on January 21, 1989, and February 8, 1989). Such fines will be payable into the Clerk of Court. See N.Y. State National Organ. for Women v. Terry, 886 F.2d 1339, 1353-54 (2d Cir. 1989).
Plaintiffs have requested an award of reasonable attorneys' fees attributable to the contempt motion. Such fees and expenses may be awarded for the prosecution of a willful civil contempt. See Ranco Indus. Products Corp. v. Dunlap, 776 F.2d 1135, 1139 (3d Cir. 1985). Therefore, plaintiffs may submit an application for attorneys' fees as set forth in the accompanying Order.
An appropriate Order follows.
ORDER - December 29, 1989, Filed
AND NOW, this 23rd day of December, 1989, in accordance with the accompanying Memorandum, it is hereby Ordered that:
1. Plaintiffs' motion for civil contempt is GRANTED as against defendant Michael McMonagle; accordingly, the court WITHDRAWS the previous suspension and hereby IMPOSES fines in the amount of $ 10,000 (relating to violations occurring on July 5 and 6, 1988) and an additional $ 10,000 ($ 5,000 each for violations occurring on January 21, 1989, and February 8, 1989), for total fines due and owing of $ 20,000. Michael McMonagle shall PAY such fines to the Clerk of Court for the United States District Court of the Eastern District of Pennsylvania no later than January 31, 1990. Plaintiffs' motion against McMonagle is DENIED as to the requests for imprisonment and the initiation of criminal contempt proceedings.
2. Plaintiffs' motion for civil contempt is DENIED as against defendant Operation Rescue.
3. Plaintiffs may file an application for attorneys fees no later than January 10, 1990. Defendant McMonagle's response, if any, shall be filed no later than January 24, 1990. No extension of these deadlines will be granted. The court expects counsel to cooperate with one another regarding reasonable inquiries concerning the application.
4. The motion of defendant "Randall Terry trading as Operation Rescue" to dismiss contempt charges is DENIED as moot. With regard to that portion of the Terry's motion concerning the wording of the permanent injunction, the court will await plaintiffs' timely response before ruling on that issue.
AND IT IS SO ORDERED.