Libertad v. Welch, Civ. No. 93-1017 (HL).

• Decision Date: 01 November 1993
• Docket Number: Civ. No. 93-1017 (HL).
• Citation: 854 F. Supp. 19
• Parties: Lydia LIBERTAD, et al., Plaintiffs, v. Father Patrick WELCH, et al., Defendants.
• Court: U.S. District Court — District of Puerto Rico

854 F. Supp. 19

Lydia LIBERTAD, et al., Plaintiffs, v. Father Patrick WELCH, et al., Defendants.

Civ. No. 93-1017 (HL).

United States District Court, D. Puerto Rico.

November 1, 1993.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Judith Berkan, Rio Piedras, PR, for Lydia Libertad, Grupo Pro Derechos Reproductivos, Rosa Caceres, Oficinas Medicas.

Nora Vargas-Acosta, Rio Piedras, PR, for Mary Rivera, Sociedad Instituto Gineco-Quirurgico.

Peter Berkowitz, Rio Piedras, PR, Wanda I. Resto-Torres, Hato Rey, PR, for Ana E. Gonzalez-Davila, Rafael Castro, Dr., Ladies Medical Center.

Miguel A. Gimenez-Munoz, Cordero, Miranda & Pinto, San Juan, PR, for Patrick Welch and Norman Weslin.

Jorge I. Peirats, Pietrantoni, Mendez & Alvarez, Hato Rey, PR, for Colegio Notre Dame and Ruben Moley.

OPINION AND ORDER

LAFFITTE, District Judge.

I. INTRODUCTION

A. Procedural History

On January 8, 1993, plaintiffs filed a motion for a temporary restraining order seeking to enjoin defendants from using "unlawful force, blockades, harassment, intimidation and physical obstruction" to prevent women from entering clinics in the San Juan area which provide abortion services. The Court denied the motion for a temporary restraining order but scheduled a hearing on plaintiffs' supplemental request for a preliminary injunction.

A preliminary injunction hearing was held from February 4 through February 9, 1993. Extensive testimonial and documentary evidence was presented. At the close of the hearing, the Court ordered the parties to submit post-hearing briefs on the various legal issues raised by the case. Having carefully reviewed the submissions of the parties, the evidence presented and the applicable law, the Court is now ready to rule.

This is an action for declaratory and injunctive relief, and for damages, arising out of a series of anti-abortion demonstrations and blockades which took place at family planning clinics located in the San Juan Metropolitan area. What this case is not about is whether women should or should not have the right to seek abortions, a matter fraught with constitutional, social and moral ramifications. Nor is this case about the defendants' right to make public their opposition to abortion. Rather, this lawsuit was instituted to enjoin what plaintiffs perceive as illegal and tortious activity by defendants that goes beyond their constitutional rights of speech and protest. According to plaintiffs, defendants have harassed and intimidated clinic patients, defaced clinic property, blocked parking lot and building entrances, created disturbances and public nuisances, and burdened law enforcement in Puerto Rico. These are the activities which plaintiffs seek to enjoin and for which they seek damages.

B. The Parties

Plaintiffs have brought this suit as a class action in representation of women who have or will seek family planning services here in Puerto Rico. The named plaintiffs include a reproductive rights organization¹, representatives of women seeking reproductive services², and the staff and operators of the clinics which render such services³.

The defendants in this case are individuals and organizations who vigorously oppose abortion and have coordinated anti-abortion demonstrations. From 1987 until at least January 16, 1993, defendant Father Patrick Welch held the position of executive director of the Notre Dame School and rector of the Cathedral of Caguas. During this period, Father Welch was also the Superior of the Redemptorist Community of Caguas and an organizer and spiritual leader of an anti-abortion group called the Pro-Life Rescue Team.

Defendant Father Norman U. Weslin is a missionary of the Catholic Church and founder of the Sacrificial Lambs of Christ (the "Lambs"). Also named as defendants are Donald Treshman and Ed Martin, representatives of Rescue America, an anti-abortion organization based in the United States. Rescue America is also named as a defendant.⁴

Additionally, plaintiff's have joined the Colegio Catolico Notre Dame ("CCND") and Father Ruben Moley, General Director of the Redemptorist Order of the Catholic Church in Puerto Rico. Carlos Sanchez, leader of the group Pro-Vida, is also a defendant in this action.⁵

C. The Claims

Plaintiffs' federal claims are based on the "hindrance clause" of the Ku Klux Klan Act of 1871, 42 U.S.C. § 1985(3) and the Racketeer Influenced and Corrupt Organization Act ("RICO"), 19 U.S.C. § 1961 et seq. (1984).⁶ Plaintiffs also invoke the Court's pendent jurisdiction over claims arising under the Constitution and laws of the Commonwealth of Puerto Rico.

II. FACTUAL BACKGROUND

On five separate occasions the clinics which are parties to this suit were blockaded by defendants: September 26, 1992, September 28, 1992, December 17, 1992, December 24, 1992 and January 8, 1993. These demonstrations are referred to as "rescues" by defendants. Typically, rescues begin before the clinics open. (Tr. 380) Defendants and those acting with them block clinic entrances and parking lots. Difficult-to-remove stickers of fetuses are affixed to clinic walls and entrances in the form of Christian crosses or in the form of the word "vida" or "life" in Spanish. (Tr. 173, 266-67, 279, 339). Litter is strewn on clinic grounds. (Tr. 173). Clinic walls are dirtied and defaced (e.g., the word "asesina" or "murderer" in Spanish has been written on clinic walls), forcing clinics to repaint their facilities. (Tr. 279). Clinic gates and entrances are padlocked or damaged to prevent the entry of patients and personnel. (Tr. 186, 274, 365). Decorative plants are trampled. (Tr. 279).

Defendants and those acting with them blockade clinic facilities by positioning themselves in front of clinic entrances and parking areas and locking their arms together. (Tr. 187-89, 268-69, 336, 411). Patients are videotaped or photographed as they enter and leave clinics. (Tr. 212, 424, 445). Slogans in strong language are shouted through megaphones. (Tr. 271).

Defendant Welch and some of the children who participate in the blockades have entered clinic waiting rooms and have refused to leave at the behest of clinic employees. (Tr. 186-88). Patients with appointments have left at the sight of Welch in the waiting room. (Tr. 188). Upon one occasion, defendant Welch shoved Clinic Administrator Ana Gonzalez from the entrance of the clinic through the waiting room into the back office of the Ladies Medical Center, where she remained trapped for a number of hours. (Tr. 177, 179). The record also shows that defendants and those acting with them shout insults to patients and employees of the clinics. (Tr. 424, 431, 435-38, 441).

Plaintiffs allege that with the arrival of representatives from stateside anti-abortion groups the defendants' blockade tactics became more aggressive. For instances, school buses from the Colegio of Notre Dame were parked in front of clinic entrances (Tr. 432-433), the number of participants increased, and a clinic entrance was chain-locked. (Tr. 274, 365).

The record also indicates that clinics face time-consuming, expensive repairs after each blockade (Tr. 274-75), including the expense of hiring security guards. (Tr. 213-214). Similarly, the evidence shows that the Commonwealth police expend considerable resources in responding to blockade situations, at times deploying upwards of sixty officers to remove demonstrators. (Tr. 353-56, 204-05). Demonstrators use various tactics which slow the arrest process and "buy time" for the "unborn" (Tr. 205-06, 365), including going limp (Tr. 652-53), lying down on the ground (Tr. 205) and locking arms.

III. PRELIMINARY INJUNCTION STANDARD

The standard for reviewing a request for a preliminary injunction is well-established.

As is well known, a district court may grant a preliminary injunction if it finds that (1) without it the plaintiff will suffer irreparable injury, (2) the injury outweighs the harm the injunction will cause the defendant, (3) the plaintiff has shown a likelihood of success on the merits, and (4) the injunction is consistent with "the public interest."

United Steelworkers of America v. Textron, Inc., 836 F.2d 6, 7 (1st Cir.1987) (quoting Planned Parenthood League of Massachusetts v. Bellotti, 641 F.2d 1006, 1009 (1st Cir.1981)). While the four requirements are generally considered together, the Court will focus its attention on the requirement of success on the merits, for this threshold inquiry is "critical to the appropriateness of an award of injunctive relief." See, Proyecto Nova v. Administration of Juvenile Institutions, No. 91-1729 (HL) (D.P.R. Aug. 27, 1991) (order denying preliminary injunction). Plaintiffs seek relief under the "hindrance clause" of 42 U.S.C. § 1985(3), under RICO, and under the Constitution and laws of the Commonwealth of Puerto Rico. The Court will address each claim in turn.

IV. DISCUSSION

A. RICO: Section 1962(c) Claims⁷

Plaintiffs allege that defendants have conspired to, and have conducted or participated in the conduct of an enterprise through a pattern of racketeering activities consisting of several anti-abortion demonstrations and blockades with the intent to extort plaintiffs' property interest in their business and practice of women's health care, all in violation of 18 U.S.C. § 1962(c) and (d). 18 U.S.C. § 1962(c) provides:

(c) It shall be unlawful for any person employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs through a pattern of racketeering activity or collection of unlawful debt.

To state a claim under section 1962(c), a plaintiff must establish each of the following four elements required by the statute: "(1) conduct (2) of an enterprise (3) through a pattern (4) of racketeering activity." Feinstein v. Resolution Trust Corp., 942 F.2d 34, 41 (1st Cir.1991) (quoting ...