Abortion foes see local order rescinded

Rebecca S. Green

The Journal Gazette

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.

In defense of the clinic staff, I must hasten to add that they seldom, if ever, hit any police officers.  The same is true of those standing for life.  I (Bryan) also know of no protesters striking clinic staff or striking the hateful volunteer escorts employed to disrupt sidewalk counseling efforts.   All of that said, I do recall those pro-abortion escorts getting pretty physical with those offering choices other than abortions and those engaging in sit-ins at the facility.  The latter violence, was, in fact, what caused NEIR to take off and blossom back in the late 80’s.  We were driven by chivalry, protecting our sidewalk counselors from physical and legal attacks like this.

The clinic had been frequently targeted by protesters since 1978.

True, starting with the City of Fort Wayne attempting to regulate this “business,” which resulted in dead babies (always) and dead women (from time to time.)  Click here for details on the legal history of the 827 Webster clinic.

In 1989, three protests at the clinic resulted in 400 arrests after more than 100 people tried to block the building’s doorway.

Our August 25, 1989 rescue involved over 1000 people “on site” and is probably the largest act of civil disobedience in Hoosier history.  Details here.  (20th anniversary in 12 days)

Citing criminal statutes designed to break up organized crime rings, the Fort Wayne Women’s Health Organization, unnamed female plaintiffs and Dr. Ulrich G. Klopfer sued to prevent another protest.

Yes, the abortion clinic opened the courthouse door using RICO but then immediately retreated to the 1871 KKK statute.  So the rescuers were either mobsters or the Klan in the eyes of the Culture of Death.  Yet here is the “love” of the COD for women in crisis.

In 1990, Lee issued an injunction prohibiting the defendants from obstructing entrance into the Fort Wayne Women’s Health Organization.

But at the same time, he also prohibited clinic officials from interfering with the protesters’ lawful activities off clinic property, according to court documents.

Yes!!! It was a rare cross injunction.  We won in our losing.  Read more on that in my lengthy affidavit filed with the court.  (See end of this post for link)

While the arrangement was agreed upon by both sides, Brane and Bryan Brown ended up with an order forcing them to pay for the attorneys’ fees for the abortion clinic, something they have refused to do for nearly 20 years.

What started out as just more than $61,000 nearly two decades ago has ballooned to about $350,000, according to court documents.

A few years ago, the Fort Wayne Women’s Health Organization moved to a new location on Inwood Drive.

But have they?  It appears that Susan Hill has exited stage left, leaving only Ulrich Klopfer in the child killing business in Fort Wayne.  Click here.   And it appears that he is almost finished in that business, at least in the Fort. Click here.

The location at 827 Webster St. is now owned by the Donegal Corridor and houses the anti-abortion Archangel Institute Inc.

Both the Donegal Corridor and the Archangel Institute are led in part by Brown’s family members.

Brown, a former Kansas deputy attorney general and anti-abortion activist who protested the late Dr. George Tiller, returned to Indiana and was offered a job at the Archangel Institute.

This year, the Donegal Corridor asked Lee to vacate any portion of his earlier ruling that would prevent the organization from using its property in the full manner it intended.

Brown also asked the court to vacate the judgment because he believes it is hindering his admission to the Indiana bar. Although he is admitted to practice law in other states, Brown’s request for admission in Indiana has been held up for three years.

Point of fact:  I am admitted in Kansas (since 1996), passed character and fitness review in Montana in 1996 (but did not go further and actually join their bar), the same for Missouri in August, 2006.  I am admitted to practice before the United States Supreme Court (since 2000) and passed review under the review of the National Board of Law Examiners.  Stay tuned for more details on my sojourn to pass character and fitness under Indiana’s exacting standards (for wannabes at least, click here for some detail on how erring Hoosier judges are handled).

He also asked the court to release him and Brane from the judgment, “vacate the ‘badges and incidents’ of economic slavery that were set upon (them) in the February 20, 1990 order,” according to court documents.

Right — the order that we pay monies directly to the abortionists was just that.

The Fort Wayne Women’s Health Organization made no attempts to collect on the judgment for about 15 years, despite Brown and Brane’s steadfast refusals to pay, according to court documents.

I even wrote both Kloper (twice) and Hill (once) from inside 827 Webster Street asking them to try to collect the monies from me.  They passed on my offer to litigate the question last summer.

Brown praised Lee’s original ruling, unique in that it put sanctions on both sides and allowed both to continue to operate, even providing for an anti-abortion sidewalk counselor. But he felt it was unjust that only the defendants were stuck with the financial judgment.

True.  See my affidavit for the factual argument.

Both Brane and Brown were ecstatic at this week’s ruling.

“It’s been almost 20 years,” Brane said. “I just feel a great sense of relief and freedom from this.”

Brown’s comments echoed Brane’s.

“(Lee) relieved me, out of a sense of justice, of that great burden,” Brown said. “He put justice and equity over (the original decision).”

The attorney for the Fort Wayne Women’s Health Organization did not return a call seeking comment, and a message left at the clinic went unreturned Friday.

The original plaintiff in the lawsuit, Klopfer, lives in Illinois and is the only doctor in Fort Wayne performing abortions. He also performs abortions in South Bend and Gary.

He is also quite an interesting and sad fellow (click here for details). Pray for him.  Here is more on Klopfer and here is more on Susan Hill.  Pray for them both, please.

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.

Yes, he said then he wanted to end the “brouhaha.”  He did.

“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.”

rgreen@jg.net

Thank you, Ms. Green, for professional and responsible journalism.  Here is the link to her article.

If you want to understand the ruling then start with the facts of the case, available here, and then read the final page of the ruling, available here.  (Thanks to the Alliance Defense Fund.)

UPDATE MONDAY

Here is what the News Sentinel posted on the victory, found on page 1, metro

Injunction lifted at ex-abortion clinic

After 19 years, an injunction intended to keep the peace at a downtown abortion clinic that no longer exists has been lifted. U.S. District Court Judge William C. Lee on Thursday rescinded his 1990 ruling requiring Bryan Brown and other pro-life demonstrators to stay at least 25 feet away from the Women’s Health Clinic, 827 Webster St. Lee also ordered Brown and others to pay the clinic’s legal fees totaling $61,600. But the clinic has since closed and been purchased by Brown’s father for pro-life activities, which Lee ruled has made the injunction and its “ancillary orders” moot.

Yes!  Even the Hypocrite in Chief.  See four posts down the screen for that.

The Justice Department, which has prosecuted efforts to keep minorities from voting, decided this month not to prosecute members of the New Black Panther Party for trying to intimidate voters in Philadelphia last year.

Yet they want to shut down talk radio for saying things that the government does not want to hear!

And it doesn’t exactly foster peaceful protest when people who do successfully work to change laws on abortion, same-sex marriage and other topics are constantly undermined by unelected judges.

Right.  We have a new monarchy, the federal bench.  No wonder there are tea parties flourishing across the fruited plains.  Click here for ethnic cleansing, Hoosier style. (Note that this is the federal judge that President Obama is placing on the Seventh Circuit Court of Appeals.)

A “nation of laws” functions peaceably only when people believe they can influence the laws under which the must live.

But none of those causes has murdered in the name of protecting life, as appears to have happened – again – in the Tiller case. That’s why Brown’s unique insight should be heeded by those who truly want to reduce or eliminate legal abortion-on-demand.

My best advice:  

Psalms 2:   ¹⁰

This column is the commentary of the writer and does not necessarily reflect the views or opinions of The News-Sentinel.
E-mail Kevin Leininger at kleininger@news-sentinel.com, or call him at 461-8355.

PS  Just joking on the picture, but it anyone wants a fine corollary to what I am up against with the legal profession and  where things appear to be pointed then Breaker Morant cannot be beat.