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`BULKY DOCUMENTS
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`(Exceeds 100 pages)
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`Proceeding/Serial No:
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`92047809
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`Filed:
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`953012010
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`Title: NOTICE OF RELIANCE.
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`Part
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`«7 86 30 8 fl 0
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`Cancellation No. 92047809
`Registration No. 3179591
`Mark: OPERATION RESCUE
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`TTAB
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`_ i
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`<14
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`. "P 3 0 4mm ‘9
`5"
`8
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`RANDALL A. TERRY
`
`Petitioner
`
`v.
`
`TROY NEWMAN
`
`Registrant
`
`—_—__)
`
`Pursuant to 37 C.F.R. § 2.122(6), Petitioner hereby gives notice of reliance that it
`
`intends to rely on the following evidence:
`
`Copies of the following printed publications from newspapers, periodicals, and
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`books available to the general public in libraries or of general circulation among
`
`members of the public, or that segment of the public which is relevant to this proceeding,
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`to establish a connection and continuing association between Petitioner and the name
`
`“Operation Rescue” which is the wording that is the subject of this proceeding. The
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`publications at nos. 33 and 57 discuss Registrant’s use of Operation Rescue. The
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`Publications at nos. 37-44 discuss Petitioner’s Operation Rescue organization in
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`connection with a long running legal saga involving multiple decisions by the U.S.
`
`Supreme Court.
`
`A.
`
`Articles from the New York Times
`
`1.
`
`2.
`
`3.
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`69 More Opponents of Abortion Jailed in Atlanta Protests, August 7, 1988.
`
`Atlanta Protests Prove Magnets for Abortion Foes, August 13, 1988.
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`Organizer of Abortion Protests Is Jailed in Atlanta, July 12, 1989.
`
`*—
`09-30-2010
`
`1'
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`F'alenl
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`“o Tl‘lUfC/Tl”) Hail chl [ll
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`#73
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`

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`Georgia Court Releases Abortion Foes’ Leader, July 15, 1989.
`
`Jury in Los Angeles Acquits Five in Protests of Abortions, September 15, 1989.
`
`A Guilty Verdict for Abortion Foe, September 30, 1989.
`
`Abortion Protestor Jailed after Objecting to Fine, October 6, 1989.
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`Anti—Abortion Group To Close Headquarters, February 1, 1990.
`
`Rebuffed by Courts, Anti-Abortion Chief Regroups, March 5, 1990.
`
`10.
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`11.
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`12.
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`13.
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`14.
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`15.
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`16.
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`17.
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`18.
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`19.
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`20.
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`21.
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`22.
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`23.
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`24.
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`25.
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`With Thin Staff and Thick Debt, Anti-Abortion Group Faces Struggle, June 11,
`1990.
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`Anti-Abortion Group Will Close Its Offices, December 17, 1990.
`
`Drive Against Abortion Finds a Symbol: Wichita, August 4, 1991.
`
`Abortion War, Buffalo Front: Top Guns Use Battle Tactics, April 25, 1992.
`
`Four Surrender In Use of Fetus Against Clinton, July 17, 1992.
`
`US. Prosecutor Declines Case Against Operation Rescue Chief, August 5, 1992.
`
`Abortion Protest Leader Jailed in Texas, August 28, 1992.
`
`Anti-Abortion Leader Sentenced for Protest, June 12, 1993.
`
`Anti-Abortion Leader’s Sentence Is Upheld, February 27, 1994.
`
`Abortion Foes’ Court Losses Are Frustrating the Victors, June 11, 1994.
`
`Abroad at Home; Merchants of Hate, July 15, 1994.
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`Abortion Foe Seeks G.O.P. Nod for Congress, June 24, 1997.
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`NOW Tries to Seize Abortion Foes’ Airline Miles, January 22, 1998.
`
`Barnes & Noble Vows to Stock Art Books Despite Indictments, February 20,
`1998.
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`A Dixie Book Burning, February 23, 1998.
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`Our Towns; A Candidate Talks of Revolt On the Radio, May 24, 1998.
`
`
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`

`

`26.
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`27.
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`28.
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`29.
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`30.
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`31.
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`32.
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`33.
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`34.
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`35.
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`36.
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`38.
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`39.
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`40.
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`41.
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`42.
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`43.
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`44.
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`45.
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`Putting aside Protest for Politics; Militant Abortion Foe Seeks G.O.P. Nod for
`Congress, July 27, 1998.
`
`GOP. Group to Run TV Ads Calling Opponent of Abortion Intolerant, August
`25, 1998.
`
`An Anti-Abortion Leader Files For Bankruptcy, November 8, 1998.
`
`Icon for Abortion Protestors Is Looking for a Second Act, July 20, 2001.
`
`Abortion Issue Holds Up Bill On Bankruptcy, April 30, 2002.
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`Victory in Florida Feeding Case Emboldens the Religious Right, October 24,
`
`2003.
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`Abortion Foe Plans Campaign, June 23, 2005.
`
`Anti—Abortion Group Loses Tax Exemption, September 15, 2006.
`
`Doctor’s Killer Puts Abortion on the Stand, January, 29, 2010.
`
`Abortion Foe Found Guilty in Doctor’s Killing, January 30, 2010.
`
`The New Abortion Providers, July 12, 2010 (first two paragraphs).
`
`Court Hears Appeal of Ruling That Bars Abortion Protestors, October 17, 1991.
`
`Abortion-Protest Case Resumes in High Court, October 7, 1992.
`
`Supreme Court Says Klan Law Can’t Bar Abortion Blockades, January 14, 1993.
`
`Abortion Clinics Retain the Law’s Protection, January 25, 1993.
`
`The ‘Rescue’ Racket, January 26, 1994.
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`Abortion Harassers as Racketeers, April 23, 1998.
`
`Justices Plan to Re-examine 2 Legal Weapons in Protests, April 23, 2002.
`
`Abortion Opponents Win Dispute, March 1, 2006.
`
`Articles from the Washington Post
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`Bush Cites ‘Tragedy’ in Call to 67,000 Protesors; Demonstrations Held at DC.
`Clinics, January 24, 1989.
`
`
`
`
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`

`

`
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`46.
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`47.
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`48.
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`49.
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`50.
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`51.
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`52.
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`53.
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`54.
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`55.
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`56.
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`57.
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`58.
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`59.
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`60.
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`61.
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`62.
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`63.
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`Operation Rescue’s Mission to Save Itself; Legal Challenges, Leadership Changes
`reshape Militant Antiabortion Force, November 24, 1991.
`
`In God They Trespass; The Faces and the Faith Behind Operation Rescue, May
`16, 1993.
`
`US. Will Send Message on Rights Issues, Albright Says, October 27, 1997.
`
`Randall Terry Censured By Church, February 12, 2000.
`
`TNT’s ‘Running Mates’ Just Lumbers Along, August 12, 2000.
`
`Family Values; Randall Terry Fights Gay Unions. His Son No Longer Wi11., April
`22, 2004.
`
`Antiabortion Rally Confronts Huge March; Groups Trade Accusations, Insults
`Along Pennsylvania Avenue, April 26, 2004.
`
`Justices Decline Schiavo Case; Options Dwindle for Those Trying to Keep
`Florida Women Alive, March 25, 2007.
`
`Long Legal Battle as Schiavo Dies; Florida Case Expected To Factor Into Laws
`For End—of—Life Rights, April 1, 2005.
`
`A Lingering Look at Abortion, October 19, 2007.
`
`Old Mission, New Life and sidebar chart Decades Fighting Abortion, July 15,
`2009.
`
`Operation Rescue says it’s broke, may shut down, September 15, 2009.
`
`Gun used in abortion doc’s slaying never found, January 26, 2010.
`
`Conviction angers anti-abortion militants, January 30, 2010.
`
`Articles from other publications
`
`The Gospel According to Randall Terry, Rolling Stone, October 5, 1989.
`
`Civil Disobedience, Charisma & Christian Life, April 1992.
`
`Interview Randall Terry, Modern Reformation, July/August 1992.
`
`Founder of Operation Rescue offers opinions with an edge on radio show, Knight
`Ridder/Tribune, July 14, 1993.
`
`

`

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`64.
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`65.
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`73.
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`76.
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`Randall Terry whips up followers for an additional bookstore attacks, St. Louis
`Journalism Review, October 1, 1997.
`
`Randall Terry Runs, In Spite of Losses, United Press International, September 16,
`1998.
`
`Faith and commandments on the campaign trail, The Nation, September 28, 1998.
`
`Pro-Life activist Randall Terry converts to Catholicism, still slaying dragons,
`National Catholic Register, May 17, 2006.
`
`Will Roe v. Wade Continue to Stand? Forum section of Playboy July 2008 p. 40-
`41.
`
`Abortion foe eyes ‘new generation’, Washington Times, June 14, 2009.
`
`Their fight goes beyond abortion; Operation Rescue’s president and its fonder go
`to war over the group’s name—and fundraising clout, Los Angeles Times, August
`26, 2009.
`
`Excemts from Books
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`Almanac of Famous People (5th Ed.) 1994 p. 1491.
`
`Current Biography Yearbook 1994 p. 589-93.
`
`Crusaders: Voices From the Abortion Front, Marian Faux 1990.
`
`What Women Want, Jill Ireland, 1996 p. 208-16.
`
`Enduring Issues and Enduring Questions, Sylvan Bamet and Hugo Dedau 1996 p.
`220-22.
`
`Wrath of Angels, James Risen and Judy L. Thomas, 1998 p. 217-23, 240-88.
`
`Date: September 30, 2010
`
`By:
`
`Michael S. Culver
`
`Millen, White, Zelano & Branigan, RC.
`2200 Clarendon Blvd., Suite 1400
`Arlington, Virginia 22201
`Phone (703) 243-6333
`Fax : (703) 243-6410
`Email: culver@mwzb.com
`Attorneys for Petitioner
`
`
`
`

`

`Certificate of Service
`
`W
`This is to certify that a copy of the foregoing was served thisz day of September
`
`2010 by first—class mail, postage prepaid, on the following:
`
`Brian R. Gibbons, Esq.
`Suite 300
`
`3936 South Semoran Blvd.
`
`Orlando, Florida 32822-4015
`
`By; MWKJKM
`
`Attorney for Petitioner
`
`
`
`

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`69 More Opponents Of Abortion Jailed In Atlanta Protests - The New York Times
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`Page I of l
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`Ehc New flork @imcs
`rt 13; i rm s; . <3
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`August 7, 1988
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`69 More Opponents Of Abortion Jailed In Atlanta Protests
`
`AP
`
`ATLANTA, Aug. 6— Demonstrations by opponents of abortion led to the arrest of 69 more protesters today. Those arrested
`joined more than 120 other people in jail from anti-abortion demonstrations that began July 19 at the time of the Democratic
`National Convention.
`
`Fifty-three members of the group leading the demonstations, Operation Rescue, were arrested at Midtown Hospital, 12 at the
`Atlanta Women's Medical Center on the northside and four at the Atlanta SurgiCenter in midtown, said Tom Pocock, deputy
`director of the Atlanta Bureau of Corrections.
`
`In Florida, 133 anti—abortion demonstrators were arrested today at the conclusion of a three-day rally protesting the
`imprisonment of a colleague, Joan Andrews. The demonstrators blocked the entrance to one of the city's two abortion clinics.
`
`On Friday, about 300 demonstrators marched on the Florida Capitol seeking a clemency hearing for Ms. Andrews, who is
`serving a five-year sentence after being convicted of burglary in connection interfering with operations at a Pensacola abortion
`clinic in 1986.
`
`In Atlanta, the clinics where the demonstrations occurred are three of seven in the area that are licensed to perform abortions.
`
`Those arrested were charged with criminal trespass and giving a false name to the police. A total of 276 demonstrators have
`gone to jail since the protests began. Many Refuse to Give Names
`
`Many have refilse to give their names. Other arrested protesters have been released by disclosing their names and posting $500
`bond or being released on their own recognizance.
`
`The group will continue pressing for the release of the jailed' demonstrators under the names "Baby Jane Doe" and "Baby John
`Doe," the names that many of those arrested have given, said a spokeswoman for the group, Dawn Stover.
`
`The jailed demonstrators have said they are willing to plead guilty to criminal trespass charges under their aliases. Prosecutors
`said this would compromise the criminaljustice system.
`
`The leader of Operation Rescue, Randall Terry, was among those arrested. He was charged with being a party to a crime, Mr.
`Pocock said.
`
`Mr. Terry has said his group would fill the jails as hundreds of supporters would arrive in Atlanta in the next few weeks.
`
`One minister who was arrested and released said Friday that he and other ministers would return with members of their
`congregations. "We'll most likely be back with 200 to 300 others if that‘s what it takes," said the Rev. David Diamond of
`Baton Rouge, La.
`
`Copyright 2010 The New York Times Company I Home I Privacy Polig I Search I Corrections | XMLI
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`I Help I Contact Us I Back to Top-
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`http://www.nytimes.com/198 8/08/07/us/69-more-opponents—of-abortion—j ailed-in—atlanta—protests.ht. ..
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`1/29/201‘0
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`Atlanta Protests Prove Magnet for Abortion Foes — New York Times
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`Page 1 of 3
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`31): New-flow Eimcs
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`August 13, 1988
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`Atlanta Protests Prove Magnet for Abortion Foes
`
`By RONALD SMOTHERS, SPECIAL TO THE NEW YORK TIMES
`
`LEAD: Opponents of abortion, bolstered by the success of protests that began at the Democratic National
`Convention here three weeks ago, are continuing demonstrations that are attracting followers from around the
`country.
`
`Opponents of abortion, bolstered by the success of protests that began at the Democratic National Convention here
`three weeks ago, are continuing demonstrations that are attracting followers from around the country.
`
`The protests at abortion clinics, staged by the organization Operation Rescue, based in Binghamton, N.Y., has been
`billed by its organizers as "civil disobedience."
`
`The organization's demonstrations have led to the jailing of hundreds of people, some for up to three weeks;
`prompted a call by the Rev. Jerry Falwell for a national campaign of "civil disobedience" to change the abortion
`law, and left national abortion rights groups trying to figure out how to counter the protest's success.
`
`Kate Michelman, executive director of the National Abortion Rights Action League, based in Washington, said
`that the demonstrations appeared to have given the anti-abortion effort "revived intensity." She said that plans by
`Operation Rescue to stage similar actions in other cities such as Washington had led to meetings by abortion rights
`groups to determine countermeasures. #381 Arrested in Demonstrations The protests began July 19, the day after
`the Democratic National Convention began, and the organizers said the protests would end when the convention
`ended. But when demonstrators found that concealing their identities and going to jail in the names of Baby Jane
`Doe or Baby John Doe would result in their remaining in jail, they realized they had stumbled onto a set of
`circumstances that would dramatize their cause even more, organizers said.
`
`‘
`
`Randall Terry, 29 years old, of Rochester, N.Y., an evangelical Christian who sells used cars and founded
`Operation Rescue last November, said that the combination of demonstrations and remaining in jail was straining
`city resources and "providing the social stress and tension necessary" to outlaw abortion.
`
`The group, comparing its actions to those of the civil rights movement, is carrying out the periodic demonstrations
`at six abortion clinics in the area.
`
`Since the protests began there have been other demonstrations by members of the group in Pittsburgh. Other
`protests against abortion have occurred in Tallahassee, Fla., and Amherst, N.Y., a suburb of Buffalo.
`
`Today, Operation Rescue staged the ninth in the series of demonstrations and 26 more protesters were arrested,
`bringing the total of arrests here to 381. A protest at the same clinic Thursday resulted in 22 arrests.
`
`Before the arrests Thursday, the number of those remaining in custody because they refused to give their names
`totaled 137, and 60 of those have remained in jail since the first demonstrations, protest organizers said.
`
`Most demonstrators stay in jail from two to nine days, then give the correct name and are released on $500 bond
`pending trial. Most of the demonstrators are arrested on misdemeanor charges of trespass and obstruction of
`
`http://query.nytimes.com/gst/fullpage.html?res=940DE6DB143EF930A2575BCOA96E948260&sec=...
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`4/5/2008
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`

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`Atlanta Protests Prove Magnet for Abortion Foes - New York Times
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`Page 2 of 3
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`sidewalks. If they do not appear for trial, they forfeit the bond. The maximum penalty for the charges is 60 days in
`jail or a $1,000 fine.
`
`One person has been arrested twice, and her bond has been set at $5,000, said Robert G. Fierer, the attorney
`representing the demonstrators.
`
`On Thursday the police made their first felony arrest of demonstrators when eight were charged with terroristic
`acts for entering a clinic and disrupting its operations. Their bonds have been set at $2,000. Previously, the only
`other felony arrests had been of Mr. Terry and another organizer, Joseph Foreman, of Philadelphia, on conspiracy
`charges. Mr. Terry was released on $10,000 bond while Mr. Foreman was held in lieu of bond in the same amount.
`Falwell Backs Protests
`
`On Wednesday the demonstrations here received a ringing endorsement from Mr. Falwell, the founder of Moral
`Majority, who stood just outside the circle of picketers at a clinic and praised them for showing the "same
`sacrifice" that civil rights demonstrators had shown in the 1960's.
`
`In New Orleans on Thursday, Mr. Falwell went a step further and urged his followers to engage in widespread
`"civil disobedience" to fight for an anti-abortion amendment to the Constitution. "This is a departure from anything
`I've ever preached," said Mr. Falwell, who in the past has supported only legal and political efforts to change the
`abortion law.
`
`"The only way is nonviolent civil disobedience," Mr. Falwell said at the opening of Family Forum '88, a
`conference promoting what it calls traditional values.
`
`Elizabeth Appley, the lawyer for the clinics, and Ms. Michelman took issue with the characterization of the group's
`tactics as "nonviolent civil disobedience." Ms. Appley said she considered blocking doorways and shouting as
`"harassing patients" and violent.
`
`Ms. Michelman, growing angry at the protesters' comparison of themselves to the civil rights demonstrators, said
`that their tactics were aimed more at limiting people's rights rather than expanding them.
`
`Over the weeks people have come from as far away as Michigan and Oregon to join the demonstrations. For the
`most part, they are white and stess that they are Christians.
`
`Mr. Foreman said that many of them who tightly clasp the Bible and pray on the picket lines are the kind of people
`who "don't know anything about civil disobedience except that they were against it when blacks did it."
`
`Despite the endorsement of Mr. Falwell, a Southern Baptist, and the publicity the demonstrations have received,
`Operation Rescue has yet to gain the endorsement of Southern Baptist leaders in the area.
`
`At one demonstration this week, the Rev. Charles Stanley, a prominent minister in the conservative wing of the 14
`million-member Southern Baptist Convention, stood across the street observing with a small group from his
`church.
`
`Mr. Stanley, who met earlier with demonstration organizers, said that he was there only to observe. He said that
`while the protests had impact "it remains to be seen whether they will change the tide" in the anti-abortion effort.
`Abortion Clinics United
`
`The demonstrations have troubled some abortion rights activists while galvanizing abortion clinics here.
`
`"Protests like this have turned to access issues which include threatening providers and patients, harassing doctors
`and hospitals," Ms. Michelman of of the National Abortion Rights Action League said.
`
`http://query.nytimes.com/gst/fullpage.html?res=940DE6DB143EF930A2575BCOA96E948260&sec=...
`
`4/5/2008
`
`

`

`Atlanta Protests Prove Magnet for Abortion Foes - New York Times
`
`Page 3 of 3
`
`"It's more diffuse and harder to deal with than attacks on the law because it raises the issue in an extreme way.
`These tactics are aimed at the right of women to get care and the right of providers to give care and it hurts in the
`short term."
`
`In Atlanta, Lynne Randall, director of the Feminist Women's Health Center, the site of a demonstration
`Wednesday and one last week, said clinic operators had cooperated to divert patients from the clinics subjected to
`demonstrations to those not being picketed. She said the clinics had also trained their staffs in how 'to escort
`patients through ranks of shouting demonstrators and devised ways to increase their security systems.
`
`But, most important, she said, the demonstrations have not resulted in the closing of any clinics, just delays in their
`activities.
`
`Although Mr. Terry and others believe that their decision to remain in the jail is straining city resources, it is not
`clear that this is the case.
`
`Officials of the Fulton County Jail where 50 men and 26 women on charges related to the demonstrations said that
`while they were at capacity when the demonstrations started, it only meant that some of the male demonstrators
`had to sleep on the floor until a bed was available.
`
`"The only thing is the cost and we figure that at $50 a day per prisoner, they have cost the taxpayers about $66,000
`so far," Maj. A. M. Alexander, assistant jail director, said Wednesday.
`
`
`
` Copyright 2008 The New York Times Company I Home I Privacy Policy I Search | Corrections | XMLI I Help | Contact Us | w
`
`
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`http://query.nytimes.com/gst/fullpage.html?res=94ODE6DB 143EF930A2575BCOA96E948260&sec=...
`
`4/5/2008
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`

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`Organizer of Abortion Protests Is Jailed in Atlanta - The New York Times
`
`Page 1 of 3
`
`8hr Netti flork (farms
`if? if} 3 K35}???
`
`
`
`July 12, 1989
`
`Organizer of Abortion Protests Is Jailed in Atlanta
`
`By RONALD SMOTHERS, Special to The New York Times
`
`ATLANTA, July 11—— The organizer of demonstrations that sought to disrupt abortion clinics last summer is in an Atlanta
`jail on charges stemming from those protests.
`
`The arrest here Monday of Randall A. Terry, organizer of Operation Rescue, was the latest in a series of legal setbacks
`suffered by members of the organization around the country. It capped months of legal maneuvering in hundreds of cases
`growing out of demonstrations here last year that first brought national attention to the group's tactics.
`
`Mr. Terry was taken into custody Monday afternoon while appearing at the annual Convention of the Christian Booksellers
`Association and is being held in lieu of $45,000 bond. Operation Rescue officials said there were no immediate plans to post
`bail, and an Operation Rescue spokesman, Bob Jewitt, said Mr. Terry may stay behind bars as a protest.
`
`The 30-year-old Mr. Terry, who was arrested with 55 others last July 19 during the Democratic National Convention here, was
`charged with failing to show up for a May 1 trial on three misdemeanor charges. Failure to Appear
`
`Today, prosecutors said Mr. Terry faced another outstanding warrant, for failure to appear in court last February on four other
`misdemeanor charges growing out of anti-abortion protests.
`
`Prosecutors said they had taken steps to make sure Mr. Terry did not get out ofjail until he made bail totaling $45,000 on both
`warrants. Each of the seven charges in the warrants carries a maximum penalty of one year in prison and a $1,000 fine.
`
`Last July in Atlanta, more than 1,200 people, some from as far away as Oregon, were arrested for demonstrating outside
`abortion clinics. Most had to be carried away and were taken to city jails, where they gave their names as "Baby John Doe" or
`"Baby Jane Doe." They were held until they revealed their real names and were scheduled for trial. Some remained in jail for
`up to two months. Flood of Phone Calls
`
`As the trial dates drew nearer and a lawyer for the protesters unsuccessfully sought postponements, Mr. Terry urged his
`supporters around the country to flood the judge's chambers with collect calls.
`
`Although Mr. Terry did not show up for his scheduled May trial, his supporters said today that his arrest was more a result of
`"harassment" and an attempt by Atlanta law enforcement officials to intimidate members of Operation Rescue. The group
`repeatedly has accused the Atlanta police of brutality.
`
`"I think it is pure nastiness on the part of the city," said Joseph Foreman, the southeast coordinator of Operation Rescue. "I
`believe he has been targeted because he symbolizes the courage to rescue babies, and Atlanta has placed itself firmly on the
`side of the baby killers."
`
`
`
`Lee O'Brien, the chief assistant solicitor for Fulton County, called the group's accusations "hogwash." He said the group's
`members knew of the trial date, for which they failed to show up, and then Mr. Terry "blasted it all over the radio" that he
`would be in Atlanta this week. Judge Is on Vacation
`
`Court officials said the judge who was scheduled to preside at Mr. Terry's trial is on vacation until next week, and it is not
`likely there will be any hearing until then.
`
`In response to the Operation Rescue protests here, abortion rights groups began organizing their own volunteers to escort
`women into clinics.
`
`http://www.nytimes.com/1 989/07/ 1 2/us/organizer-of—abortion-protests-is—j ailed-in-atlanta.html?page...
`
`1/29/2010
`
`

`

`
`
`Organizer of Abortion Protests Is Jailed in Atlanta - The New York Times
`
`Page 2 of 3.
`
`sally Tyler, executive director of the Georgia Abortion Rights League, said today that over the last eight months the Operation
`Rescue activities had dwindled to weekend picketing. She said she was not concerned that Mr. Terry's arrest might mean an
`intensification of the group's efforts here.
`
`"He came here flouting the law, and he deserved to be arrested," she said. "Plus, they aren't demonstrators. They're terrorists."
`Rulings Go Against Them Around the country, anti-abortion demonstrators who try to block access to clinics or doctors'
`offices are incurring the displeasure ofjudges to an increasing degree.
`
`The major legal setback for Operation Rescue and its allies so far came in March before a Federal appeals court in
`Philadelphia. A three-judge panel of the Court ofAppeals for the Third Circuit upheld a Federal District Court's ruling that 26
`people who demonstrated at a Philadelphia abortion clinic over a two-year period were liable to the clinic for $108,000 in
`damages and attomeys' fees.
`
`The appeals court was the first to find that the Racketeer Influenced and Corrupt Organizations Act, a Federal law designed to
`prosecute organized crime, could be the basis for a lawsuit by an abortion clinic against those who use Operation Rescue-style
`tactics to try to shut it down. A dozen similar lawsuits have been filed around the country, but none has gone to trial.
`
`The full Third Circuit recently refused to reconsider the panel's decision. The Pro—Life Coalition of Southeast Pennsylvania, a
`defendant in the lawsuit, last month asked the Supreme Court to hear its appeal. The Court adjourned without announcing
`whether it would take the case.
`
`In Seattle last month, a state judge gave a group of abortion opponents the choice between renouncing criminal trespass as a"
`form of protest or spending a year in jail. Some of the demonstrators said they would choose prison in order to "purify th‘e‘:«1.3:iz=:
`movement." A spokesman for Operation Rescue said the one-year sentences would be the harshest imposed on any of the“ 1!
`30,000 people who have been arrested since late last year. Showdown in Massachusetts
`
`Last month in Massachusetts, the district attorney of Norfolk County announced that he would use a 10-year-old state civil
`rights statute to prosecute leaders of demonstrations aimed at blocking access to abortion clinics in Brookline.
`
`More than 300 people were arrested in anti-abortion demonstrations in Brookline this spring. District Attorney William D.
`Delahunt said he did not plan to prosecute those who merely participated, but would ask a grand jury to indict the leaders of
`the demonstration under a law that provides criminal penalties for depriving a person of his or her civil rights.
`
`The town of Brookline has brought a racketeering suit in Federal court against Operation Rescue. The suit seeks $75,000, the
`amount officials say they have had to spend to protect the clinics. Promoting a Book
`
`Mr. Terry had come to Atlanta this week to promote his book, "Conspiracy to Murder," which he described in a speech here as
`an effort to "expose the pro-abortion mind set that has infiltrated every strata of American society."
`
`In his speech, he applauded the July 3 Supreme Court ruling narrowing the 1973 Roe v. Wade decision and allowing states to
`further restrict abortion.
`
`
`
`"We are launching a two-pronged offensive," he said. "Thousands will surround abortion mills to rescue children and mothers,"
`and we will impact state legislatures with equal force."
`3
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`7
`Mr: Terry and his supporters have particularly angered Atlanta officials with their courtroom tactics. Mr. Terry and others'
`sought a postponement of the May 1 trial in Fulton County State Court before Judge Nicholas Lambros on the grounds that
`their lawyer, Robert G. Fierer, was tied up in another trial. When the judge refused, Mr. Terry spoke on a syndicated Christian
`radio talk show and asked his supporters to flood the judge's chambers and the prosecutor's office with protest calls.
`
`An aide to Judge Lambros said the judge was deluged with calls near the end of May, and Mr. O'Brien said his office, too, had
`been flooded with calls.
`
`Mr. Fierer said today he was withdrawing as counsel to Mr. Terry and Operation Rescue in Atlanta "for economic reasons,"
`and because he has been unable to persuade his hundreds of clients to take his advice. Battle Reopened in Louisiana
`
`NEW ORLEANS, July 11 (Special to The New York Times) - This city's district attorney is asking a Federal District judge
`here to reopen a court battle that overturned Louisiana's abortion ban 13 years ago.
`
`http://www.nytimes.com/l989/07/12/us/organizer-of-abortion-protests-is-jailed-in-atlanta.htm1?page...
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`Crg'anizer of Abortion Protests Is Jailed in Atlanta - The New York Times
`The Louisiana law, among the stiffest anti-abortion laws in the nation, carried a penalty of up to 10 years hard labor for
`doctors who performed abortions except in cases in which the mother's life was in danger. There were no other exceptions to
`the law, as there are in other states, that allowed abortions in cases of rape or incest.
`
`The motion, filed by District Attorney Harry Connick, asked the Federal District Court to hear arguments on a 1976 injunction
`against enforcement of the state abortion laws, an injunction Mr. Connick wants lified. A hearing is scheduled for Aug. 9.
`
`photo of Randall A. Terry (AP)
`
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`Georgia Court Releases Abortion Foes' Leader - The New York Times
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`July 15, 1989
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`Georgia Court Releases Abortion Foes' Leader
`
`By RONALD SMOTHERS, Special to The New York Times
`
`ATLANTA, July 14— Randall Terry, the leader of the anti-abortion group Operation Rescue, was released from an Atlanta
`jail late Thursday after ajudgesaid he did not have to post a $20,000 bond that the prosecution had sought.
`
`Mr. Terry, whose spokesman had said he might remain in jail as a protest without trying to post a bond, was arrested here
`Monday on a warrant charging that he had failed to appear for a trial involving a 1988 demonstration at an abortion clinic.
`
`He was one of hundreds of people arrested while the Democratic National Convention met here last year in protests that
`brought the first national attention to Operation Rescue. Legal Maneuvering
`
`R. Lee O'Brien, the chief assistant solicitor for Fulton County, whose office is prosecuting the case, said the county had
`opposed the decision to discharge Mr. Terry on his own recognizance. Mr. Terry, who still faces trial here on misdemeanor
`charges, immediately left the city and returned to his home in Binghamton, N.Y., said Bob Jewitt, a spokesman for Operation"
`Rescue in Atlanta.
`
`I
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`The legal maneuvering began this week after Mr. Terry came to Atlanta to speak at the annual meeting of the Christian
`Booksellers Association and to promote his book attacking abortion, "Conspiracy to Murder."
`
`He was arrested Monday on a warrant issued in March saying that he had failed to show up for trial in February on three
`counts of criminal trespassing in connection with the August 1988 demonstration.
`
`Originally, law-enforcement officials had said Mr. Terry had been arrested on another warrant as well, for failing to appear for
`a trial in May on charges stemming from another protest in July 1988, But Mr. O'Brien and the clerk for the judge in that case
`both said today that they had been mistaken. They said the judge, Nicholas Lambros, had never signed a warrant for Mr.
`Terry's arrest in that case.
`
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`1/29/2010
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`Jury in Los Angeles Acquits Five in Protests of Abortions - The New York Times
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`September 15, I989
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`Jury in Los Angeles Acquits Five in Protests of Abortions
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`AP
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`LOS ANGELES, Sept. 13— Randall Terry, the leader of the militant anti-abortion group Operation Rescue, has been
`acquitted of trespassing charges along with four associates with whom he blocked entrances to clinics where the defendants
`said abortions were performed.
`-
`
`The Municipal Court jurors, who had deliberated for four days, indicated after delivering their verdicts Wednesday that they
`had accepted the defendants' assertion that laws may be broken to prevent a greater harm. The judge, Richard Paez, had ruled
`earlier that the issue at the trial was not abortion but trespassing and that the defendants’ assertion did not apply because
`abortion is legal.
`
`The jury found all the defendants not guilty of five misdemeanor charges and deadlocked, 8 to 4 for conviction, on conspiracy
`counts against three of them. Mistrials were d