Southwestern Medical Clinics v. Operation Rescue, CV-S-89-474-PMP (RJJ)

• Decision Date: 07 July 1989
• Docket Number: No. CV-S-89-474-PMP (RJJ),CV-S-89-473-PMP (RJJ).,CV-S-89-474-PMP (RJJ)
• Citation: 744 F. Supp. 230
• Parties: SOUTHWESTERN MEDICAL CLINICS OF NEVADA, INC., d/b/a Family Planning Institute, Plaintiff, v. OPERATION RESCUE, et al., Defendants. AMERICAN MEDICORP DEVELOPMENT COMPANY, a Delaware corporation, Plaintiff-In-Intervention, v. OPERATION RESCUE, et al., Defendants. Robert F. MEGER, M.D., d/b/a Birth Control Care Center, Plaintiff, v. OPERATION RESCUE, et al., Defendants.
• Court: U.S. District Court — District of Nevada

744 F. Supp. 230

SOUTHWESTERN MEDICAL CLINICS OF NEVADA, INC., d/b/a Family Planning Institute, Plaintiff, v. OPERATION RESCUE, et al., Defendants.

AMERICAN MEDICORP DEVELOPMENT COMPANY, a Delaware corporation, Plaintiff-In-Intervention, v. OPERATION RESCUE, et al., Defendants.

Robert F. MEGER, M.D., d/b/a Birth Control Care Center, Plaintiff, v. OPERATION RESCUE, et al., Defendants.

Nos. CV-S-89-474-PMP (RJJ), CV-S-89-473-PMP (RJJ).

United States District Court, D. Nevada.

July 7, 1989.

John R. Bailey, Mark A. Begnaud, Lionel, Sawyer & Collins, Las Vegas, Nev., for plaintiff-in-intervention.

Kathleen England, England & Combs, Las Vegas, Nev., for plaintiff.

Frederic S. Stow, III, W. Randolph Patton, Pearson & Patton, Michael L. Peters, Gubler & Peters, Las Vegas, Nev., for defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING MOTION FOR PRELIMINARY INJUNCTION

PRO, District Judge.

These consolidated actions were commenced in the Eighth Judicial District Court of the State of Nevada in and for Clark County for Declaratory and Injunctive Relief against various anti-abortion activists.

On June 12, 13 and 14, 1989, Judges of the Eighth Judicial District Court of the State of Nevada entered Temporary Restraining Orders enjoining and restraining Defendants from trespassing on, blocking or obstructing ingress to or egress from Plaintiffs' clinics at which various medical services including abortions are performed, and further limiting the time, place and manner of anti-abortion protest in which Defendants could engage.

On June 26, 1989, these actions were removed from the Eighth Judicial District Court for the State of Nevada to this Court pursuant to 28 U.S.C. §§ 1331 and 1441(a) and (b), and 42 U.S.C. § 1985(3).

On June 27, 1989, the Court consolidated the above-referenced actions and conducted a hearing on Plaintiffs' Motions for Preliminary Injunction. At the close of said hearing, the Court entered an Order continuing the Temporary Restraining Orders issued by Judges Mosley, Thompson and Lehman of the Eighth Judicial District Court of the State of Nevada on June 12, 13 and 14, 1989, respectively, for a period of ten (10) days, to and including July 7, 1989, to enable the parties to submit further briefs on issues raised in Plaintiffs' Motions for Preliminary Injunction.

The Court having reviewed all pleadings, affidavits and other papers filed in this action, and having further considered the arguments of counsel presented at the hearing conducted June 27, 1989, the Court hereby makes the following Findings of Fact and enters the following Conclusions of Law.

I. FINDINGS OF FACT

1. Plaintiff Southwestern Medical Clinics of Nevada, Inc., is a corporation doing business as a medical clinic under the name of "Family Planning Institute." Plaintiff does business at 501 South Rancho Drive, Suite A-1, A-3 and A-4 in Las Vegas, Nevada. Plaintiff's clinic is a tenant in a business park known as Quail Park III, and the tenants share a common parking lot and courtyard facilities which is restricted to the use of tenants and tenants' clients only.

2. Plaintiff-In-Intervention, American Medicorp Development Company, is a Delaware corporation duly organized and existing under the laws of the State of Delaware, doing business as Sunrise Medical Towers, and carrying on the business of leasing professional office space, and in the possession of those certain properties commonly known as Sunrise Medical Tower I, 3201 Maryland Parkway, Las Vegas, Nevada; Sunrise Medical Tower II, 3121 Maryland Parkway, Las Vegas, Nevada; Sunrise Medical Tower III, 3006 Maryland Parkway, Las Vegas, Nevada; and Sunrise Medical Tower IV, 3196 Maryland Parkway, Las Vegas, Nevada.

3. Plaintiff Robert F. Meger, M.D., dba Birth Control Care Center, operates a medical facility that provides various medical services at two locations in Las Vegas, located at 2225 East Flamingo, Suite 101, and 917 South Decatur, Las Vegas, Nevada. Plaintiff's clinic at 2225 East Flamingo is a tenant in a business park known as Desert Professional Plaza and the tenants share a common parking lot and courtyard facilities which are restricted to the use of tenants and tenants' clients only. Plaintiff's clinic at 917 South Decatur is a single story building with its own parking lot area.

4. Defendant, Operation Rescue, is a loosely-knit national organization which promotes protests at abortion clinics across the nation, including medical clinics in the Las Vegas, Nevada, area such as those operated by Plaintiffs herein. The remaining named Defendants are members of Operation Rescue or have participated in anti-abortion demonstrations at Plaintiffs' clinics.

5. Plaintiffs Family Planning Institute and Birth Control Care Center, and clinics located within the facilities operated by Plaintiff-In-Intervention American Medicorp Development Company, provide a variety of medical services including reproductive health services for their patients including birth control counseling and services, gynocological...