In what circumstances will the court grant a restraining order against anti-abortion protestors who blockaded an abortion clinic?

MultiRegion, United States of America

The following excerpt is from Pro-Choice Network of Western New York v. Schenck, 67 F.3d 377 (2nd Cir. 1995):

Turning to the present case, affirmance of the district court is dictated generally by this principle. The protests here were not directed at the general public. The targets were particular individuals who either worked at, or were patients of, the abortion clinic. The location was selected precisely because the targets had to choose either to pass by the protestors or to quit work or forgo services at the clinic. There was, moreover, under either the view of the panel majority or panel dissent, a considerable amount of obstruction and bullying by both the protestors and the self-described counselors. It appears undisputed that a physical blockade of the clinic was planned and was forestalled only by the issuance of a temporary restraining order. Pro-Choice Network v. Project Rescue, 799 F.Supp. at 1424. Moreover, numerous coercive and obstructionist acts occurred before the order issued. The protestors "crowd[ed] around people trying to enter the facilities in an intimidating and obstructing manner, and grab[bed], push[ed] and shov[ed] the patients, patient escorts and staff ..." Id. The self-described counselors would become "angry and frustrated" when persons showed indifference to their proffers and would "then turn to harassing, badgering, intimidating and yelling at the patients and patient escorts...." Id. at 1425. The counselors would "often crowd around patients, invade their personal space and raise their voices to a loud and disturbing level." Id. After issuance of the restraining order, at least two further acts of obstruction occurred.

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