Massachusetts high court supports use of civil rights law to bar blockades.
In a 4-3 opinion issued on April 11, the Supreme Judicial Court of the Commonwealth of Massachusetts affirmed a lower court order preventing anti-choice activists from blocking access to a facility providing abortion counseling or services.  Granted under the Massachusetts Civil Rights Act, the injunction also prohibits using force against anyone entering, leaving, or working at such a location (see RFN II/22). Several health care providers and pro-choice organizations obtained a preliminary injunction in 1989 against trespassing or blockading at specific clinics.  The following year, the Commonwealth of Massachusetts intervened in the case and was granted a similar statewide order by Superior Court Judge Peter Lauriat.  Upholding application of the civil rights statute in this context, the Massachusetts Supreme Judicial Court found that the trial court "properly concluded that the defendants' conduct constituted threats, intimidation, and coercion" of women seeking to exercise their constitutional right to choose abortion. Moreover, the state High Court held that the trial court "did not abuse its discretion in denying disclosure of the identities of the women affected by the defendants' conduct."  Anti-choice activists had claimed they needed to question patients to show that blockades--not threats, intimidation, or coercion--caused them to delay their abortion procedures.  Congratulations to John Henn of Foley, Hoag and Eliot of Boston, who represented plaintiffs in Planned Parenthood League of Massachusetts v. Blake.  CRLP's Janet Benshoof, Catherine Albisa, and Priscilla Smith filed an amicus brief in the case (see RFN II/22).
D000028:Abortion, Induced; D000554:Ambulatory Care Facilities; D000569:Americas; D003376:Counseling; D003695:Delivery of Health Care; D019049:Developed Countries; D005193:Family Planning Services; D006262:Health; D006285:Health Planning; D006806:Human Rights; D007603:Jurisprudence; D008404:Massachusetts; D009656:North America; D009934:Organization and Administration; D011057:Politics; D011639:Public Opinion; D014481:United States
Abortion, Induced--legal aspects; Americas; Anti-abortion Groups--legal aspects; Clinic Activities; Counseling; Court Decision; Delivery Of Health Care; Developed Countries; Family Planning; Fertility Control, Postconception; Health; Human Rights; Interest Groups; Massachusetts; North America; Northern America; Organization And Administration; Political Factors; Program Activities; Programs; United States