Clear error to exclude evidence in preliminary injunction hearing as hearsay following finding that the situation lacked sufficient urgency to justify admitting hearsay; in a preliminary injunction hearing, the hearsay nature of the evidence always goes to the weight of the evidence.
Clear error to exclude a category of evidence in a preliminary injunction hearing after determining that two documents of the type were unreliable, and another after being unable to determine the reliability of that type of evidence (latter harmless error). Everything in for appropriate weight.
For purposes of the obstruction statutes, a minor delay is not per se a reasonable obstruction; the court must still determine if the delay was a reasonable one.
Placement of signs on a sidewalk in a manner that does not functionally exclude access can still be an attempt to intimidate or obstruct within the terms of the statute, even if no pedestrians appear.
When a protester's actions necessitate that an escort step in front of the protected person, the protester has caused the physical obstruction defined in the statute.
Regardless of the consensual nature of the conversation, speaking to someone inside a vehicle through an open door or placing hands on the car while speaking impeded the car from driving away, and could be considered obstruction.
When taken in the context of recent local violence, and given the subjective fear that the listeners felt, stating that death might come at any time would objectively be taken as a true threat not protected by the First Amendment; similar statements conjoined with an exhortation to repent, or referencing disasters distinct from recent local violence present a different question.
As the decision to have an abortion involves a formidable and poignant process, protesters' seeking to force their ideals on patients approaching a facility creates an inference of intent to harass, annoy or alarm. An explicit or implicit request to be left alone dispels the legitimate intent of potential interlocutors.
Likely repetition of the violations of the statutes suffices to establish irreparable harm for the injunction.
In the interests of judicial economy, cross-appeal of non-movants' early motions not referenced in the memorandum denying the preliminary injunction are appropriately addressed in the appeal of the denial of the injunction under pendent jurisdiction.
Abortion facility speech limitations are content neutral, as they apply to every abortion facility in any context.
Statutes not void for vagueness, given general definitions in criminal code.
Municipal statute creating a cause of action for "any person" legitimizes a parens patriae action by the state in which the municipality is located; sufficient quasi-sovereign interest demonstrated here.
Concurrence:
Municipal statute is a state statute, since the municipality is a creation of the state; certifying the question to the state would be necessary to determine if the state could act parens patriae by its own statute.
Concur/Dissent:
General dissent as to not honoring the determinations of the finder of fact.
Since the cause of action doesn't list government bodies and the rest of the code generally does, and the statute designates a specific enforcement entity with power to seek an injunction, the state does not have parens patriae standing.
Courts are permitted to consider hearsay in a preliminary injunction hearing; they are not required to do so.
Statute's restriction on making access unreasonably difficult or dangerous explicitly excludes de minimis interference. Concluding otherwise impermissibly burdens speech.
Finder of fact held that a reasonable observer familiar with the speaker's preaching would not have interpreted the statements about impending death as true threats.
Irreparable harm finding requires ongoing plans and activities.
People of the State of New York v. Griepp
