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Tosh 4.0: City's SWAT Team Responds to Peaceful Pro-life Campaign

The Day Free Speech Died in Winter Park, Florida – Part 2

By Michele Herzog

See: The Day Free Speech Died in Winter Park, Florida – Part 1

Could it really happen in America? Could three citizens be arrested on the public sidewalk for reading a Bible, having a camera and holding a “Celebrate Life” sign? I want to believe that this could not happen in the country I love so dearly, but yesterday it did.

The city of Winter Park Florida thought that these three American citizens were dangerous enough to call in the city SWAT team to body search, handcuff and arrest fellow pro-life evangelists and friends Jay Rogers, Professor Pat McEwen, and Cheryl Bischoff. They were then taken to the Orange County Jail for booking.

Editor’s note: The Winter Park SWAT team is often used on weekends to respond to calls as a matter of routine. We don’t know for certain that they thought these peaceful Christians were “dangerous.” Or did they? And why did they have to bring a machine gun? Of course, that makes the story more interesting!

Why did this city find it necessary to go to such measures to arrest three Christians on a public sidewalk? Let’s go back to last August when a group of peaceful Christians took to the streets and held a public witness in the neighborhood and residence of the newly promoted CEO of Planned Parenthood of Greater Orlando, Jenna Tosh. This particular center performs on an average of over 100 abortions per week!

Almost immediately city commissioners of Winter Park went to the aide of Jenna Tosh and passed a 60-day emergency ban on residential picketing that targets a specific home. Later commissioners approved in a 4-1 vote an ordinance that would make the ban permanent, but not without a packed house of concerned citizens expressing their utter dismay and opposition to this ban that prohibits free speech. Mayor Ken Bradley was the only dissenting vote, expressing his opposition to the ban citing it as unconstitutional.

Since then, pro-lifers have gone back to publicly witness and share the truth of abortion in the neighborhood with police coming, telling the Christians they must leave, but never with the threat of arrest. The police on both occasions seemed to be confused as to what the ordinance really enacted.

This led to yesterday’s Awareness Campaign leading to the arrests of my friends, who love the Lord with all their heart, mind and soul. While they sat in the jail, we all stood outside of the jail holding signs, worshiping the Lord and praying that God would protect our brother and sisters in Christ and use them for the time they would be behind bars in jail, and that He did!

This is only the beginning, but I believe with all my heart that this is what Jesus meant when He said to be the salt and light of the earth. Please pray with us down here in Central Florida that God will use these unjust arrests to bring God glory and to challenge this ordinance that bans American citizens from their first amendment rights of free speech!


Tosh 3.0: What the No-Free-Speech ordinance "actually" does

City Attorney Larry Brown and the Winter Park Police try to explain

WINTER PARK, Florida (www.forerunner.com) – On October 22, 2012, Winter Park City Attorney Larry Brown gave details explaining what the city’s anti-picketing ordinance actually does.

The city and the city commissioners have been sued for the recently enacted anti-picketing ordinance which simply prohibits picketing within a 50-foot buffer from private residences. Picketing is defined as “standing, milling about, loitering” in front of someone’s residence while you’re protesting the specific people inside the residence. The ordinance doesn’t prohibit marching, parading. It doesn’t prohibit general expression. It just prohibits the focus right in front of someone’s home. – City Attorney Larry Brown

Now if someone could just explain this to the Winter Park City Police and the City Commissioners!

Compare this with the following explanation on April 13th, 2013 by the Winter Park Police.

See: Tosh 2.0: Retaking Winter Park’s “No-Free-Speech” Buffer Zone.

The police got it partly right and partly wrong. The police say in the video that they had been on the phone with the city attorney all morning trying to understand the ordinance. They understood that “protesters” cannot picket inside the buffer zone. They also thought that no one can “loiter” outside the buffer zone. Either City Attorney Larry Brown was not telling the truth or they were confused.

Here is how one pro-life evangelist explained his understanding of the ordinance and how the City Commission responded:

Now fast forward to three weeks ago, April 27th.

Again they get it wrong. But they are less wrong this time. This was the second challenge to the “no-free-speech” buffer zone ordinance. Two weeks prior to this the police understood that we could not picket in side the buffer zone. They also thought that we cannot “loiter” outside the buffer zone.

This time they gave us a little more. They said we can march back and forth inside the buffer zone and camp out outside, but we cannot stand still inside the buffer zone even if we did not have signs targeting the residence.

This got a little confusing for a next door neighbor who thought that we were going to jail because we were outside her home.

It remains to be seen what would happen if someone stood outside the 50 foot buffer zone targeting the Planned Parenthood CEO and another person stood in front of that residence targeting the next door neighbor in the video 50 feet away from her property line.

In conclusion, I don’t blame the police or anyone in Winter Park for being confused about this ordinance. It is confusing. The best thing to do with the First Amendment is to just leave it alone. We can’t have freedom inside our homes unless we have the freedom to demonstrate our First Amendment rights outside.

Stay tuned for Tosh 4.0.


Abortionist James Pendergraft's $36.7 Million Judgment

An Update on the July 2011 Malpractice Lawsuit

Pro-life evangelists preach the Gospel outside James Pendergraft’s Orlando Women’s Center abortion clinic. (Click to enlarge.)

ORLANDO, Florida (www.forerunner.com) – James Scott Pendergraft, owner of five late term abortion clinics in Florida, has had his medical license suspended five times. He has been the target of multiple lawsuits, including a July 2011 judgment of $36.7 million. He stays in business by employing a cadre of abortionists throughout the state of Florida who are willing to do late term abortions at a cost of $2000 and up. These late term abortions continue to take place even while he is under suspension.

Since July 2011, lawyers representing the plaintiff in the Howard v. Pendergraft case have been trying to collect a $36.7 million judgment. Writs of garnishments and motions to effect collection go back to 2011 as well.

Another step in the process began last January when the plaintiff’s lawyer wrote the judge explaining that the process of another hearing would only give Pendergraft the unfair advantage of advance warning. An order was then issued on February 14, 2013. At that time, third party garnishees (all of Pendergraft’s corporations and business associates) were given the opportunity to appear in court explaining why their assets should not be applied toward the satisfaction of the judgment.

On April 8, 2013, there was an order directing garnishment of a Wells Fargo Bank Account for the amount of $50,000 and the entry into a safety deposit box at the same bank. Also on that date, was an order directing Bank of America to pay an amount of over $30,000 that was not paid after a previous writ of garnishment.

None of this means that anything has actually been collected. Only the plaintiff’s lawyers would know that. This only shows that Pendergraft has been trying every means to avoid paying the $36.7 million judgment even when directed to do so by the court.

On Wednesday, April 29th, the court granted the plaintiff’s request for several writs of garnishment. Here is an explanation of what a “writ of garnishment” is:

The writ of garnishment enables a creditor to seize money owed to the debtor by third parties. Debts owed to the debtor include, for example, wages and salary owed by an employer, checking and savings accounts, rental income, and money held in the trust account of the debtor’s attorney. Checking accounts are ‘debts’ because they are demand accounts which means that the financial institution owes money on deposit to the debtor upon demand.

Florida Statutes include very detailed garnishment procedures…. Garnishment procedures are strictly construed. The debtor may file a motion to dissolve a garnishment for any of several reasons including an assertion of an exemption or procedural defects in the administration of the Writ.

See more of the definition at alperlaw.com.

These writs of garnishment give the attorneys the ability to seize Pendergraft’s property. They can also seize money and assets from a long list of corporations Pendergraft has created over the years.

Interestingly, one of the first writs filed included Sangeeta Pati, Pendergraft’s girlfriend. Operation Save America picketed Pati’s neighborhood during its 2011 national event in Orlando. Pendergraft often drives a car registered to Pati (see photo below) and has stayed at her home when he is in Orlando. Apparently, the plaintiff’s lawyers must believe she is hiding some of his assets.

Abortionist James Pendergraft arrives at Orlando Women’s Center in the summer of 2011. Pendergraft owns a chain of five abortion centers in Florida that specialize in late-term abortions. The vehicle on the left with the “PE4CE” license plate belongs to Pendergraft’s girlfriend and local physician, Sangeeta Pati. (Click to enlarge.)

Above is a video of one of our Awareness Campaigns at Sangeeta Pati’s (and sometimes Pendergraft’s) neighborhood. Providentially, this campaign occurred on the first day of Pendergraft’s 2011 trial. Local pro-life activists did not know at that time that the lawsuit was being heard, but were tipped off by Randall Whitney, the abortionist on duty at the time the malpractice incident occurred. Whitney had to be in court that day and told a local pro-life sidewalk counselor who often ministers at Pendergraft’s Orlando abortion mills. Local activists put two and two together and realized it was the Carol Howard case.

Of course, the plaintiff’s lawyers have to prove that these assets belong to Pendergraft, but if they have legal grounds, they can begin seizing his property. This probably would not include include Pati’s home or vehicle. Florida’s tort laws usually exempt vehicles and homestead properties.

This does not mean Pendergraft is going out of business tomorrow, as has been reported numerous times since last Thursday. It does mean that the plaintiffs have legal grounds to keep seizing his assets until he has nothing left.

John Barros is a local pro-life who is at Pendergraft’s Orlando Women’s Center (OWC) abortion clinic five days a week. John has a Facebook page that he uses to blog about daily events at OWC. Some of his reports and activities have been picked up buy the national Christian and secular media. A few days ago, one of the plaintiff’s lawyers showed up at the abortion mill and told John in effect that he would be able to “take a vacation” because they were seizing Pendergraft’s assets and closing down the abortion mill.

The information got garbled and went viral. Blogs and websites repeated the story that Pendergraft’s abortion mills were being shut down immediately.

I always warn local pro-life activists not to send off such stories to “national” pro-life media. Of course, most pro-life bloggers are well-intentioned and are just repeating what they have been told. The lesson in this is that local activists ought to do our own research, write our own reports and make sure the information is accurate before we send out press releases. Once these stories go viral, the false information is out there forever because it gets copied.

I spoke with John about this on Friday. John and I agree that if Pendergraft is going out of business due to this lawsuit, then it has nothing to do with us. Even the lawyers suing Pendergraft are “pro-choice” advocates. They are likely motivated by the money and perhaps the particularly horrific nature of Pendergraft’s business.

No pro-lifer needs to be congratulated for this turn of events. Only our Sovereign God has all the glory and honor.

List of Garnishees

That being said, here are the writs that were filed on Thursday and Friday. So far these include:

Garnishee EPOC CLINIC LLC

Garnishee EVALON INC

Garnishee INSTITUTE OF WOMEN’S HEALTH OF NORTH AMERICA, INC

Garnishee SANGEETA PATI

Garnishee BANK OF AMERICA NA

There will likely be a longer list of writs filed that will be in the records by next week. John Barros and I will follow up on the activity in the case and keep people posted. I want to believe Pendergraft is going out of business just as much as anyone, but I won’t assume anything just yet.

Anyone can see information on Pendergraft’s Florida corporations on Sunbiz.org. For a detailed tutorial on how to do corporation searches, see: Behind the Scenes: Corporation Searches.

Here is the coming garnishee list:

Garnishee COLONIAL LIFE AND ACCIDENT

Garnishee EPOC CLINIC LLC

Garnishee EVALON INC

Garnishee FIDELITY INVESTMENTS

Garnishee GUARDIAN LIFE INSURANCE

Garnishee INSTITUTE OF WOMEN’S HEALTH OF NORTH AMERICA, INC

Garnishee ORLANDO WOMEN’S CENTER, INC

Garnishee SANGEETA PATI

Garnishee WELLS FARGO BANK Formerly known as WACHOVIA BANK

Garnishee WILSON MEDICAL MANAGEMENT

Third Party Defendant 108 NW PINE AVENUE CORPORATION

Third Party Defendant 108 NW PINE AVENUE LLC

Third Party Defendant 1103 LUCERNE TERRACE CORPORATION

Third Party Defendant 1103 LUCERNE TERRACE LLC

Third Party Defendant 2001 WEST OAKLAND PARK BOULEVARD CORPORATION

Third Party Defendant 2001 WEST OAKLAND PARK BOULEVARD LLC

Third Party Defendant 502 SOUTH MAGNOLIA AVENUE CORPORATION

Third Party Defendant 502 SOUTH MAGNOLIA AVENUE LLC

Third Party Defendant 609 VIRGINIA DRIVE CORPORATION

Third Party Defendant 609 VIRGINIA DRIVE LLC

Third Party Defendant ABORTION BY PILL INC

Third Party Defendant CENTER OF ORLANDO FOR WOMEN LLC

Third Party Defendant EPOC CLINIC INC

Third Party Defendant EPOC CLINIC LLC

Third Party Defendant FORT LAUDERDALE WOMENS CENTER INC

Third Party Defendant FORT LAUDERDALE WOMENS CENTER LLC

Third Party Defendant GORILLA REALTY MANAGEMENT CORPORATION

Third Party Defendant GORILLA REALTY MANAGEMENT LLC

Third Party Defendant INSTITUTE OF WOMENS HEALTH OF NORTH AMERICA INC

Third Party Defendant OCALA WOMENS CENTER INC

Third Party Defendant OCALA WOMENS CENTER LLC

Third Party Defendant ORLANDO WOMENS CENTER LLC

Third Party Defendant PENDERGRAFT INVESTMENT LLC

Third Party Defendant SUMMIT MEDICAL & SURGICAL SUPPLY INC

Third Party Defendant THE JAMES S PENDERGRAFT IV IRREVOCABLE TRUST

Third Party Defendant WILLIAMS, DENISE

Third Party Defendant WILSON MEDICAL MANAGEMENT CORPORATION

Third Party Defendant WILSON MEDICAL MANAGEMENT LLC

Third Party Defendant WOMENS CENTER OF HYDE PARK INC

Third Party Defendant WOMENS CENTER OF HYDE PARK LLC


Is Kermit Gosnell an outlier?

Florida’s abortion industry exhibits a similar pattern

“Unfortunately, you do have rogue providers that prey on the most vulnerable of women … Gosnell is an extreme outlier when it comes to medical practice or abiding by the law.” – Vicki Saporta, president and CEO of the National Abortion Federation (NAF)

ORLANDO, Florida (forerunner.com) – In 2013, the mainstream media is facing a conundrum – whether to report on the gruesome practices of Philadelphia “House of Horrors” abortionist Kermit Gosnell – or to gloss over an important legal case on the basis of this being an “outlier” story. This false dilemma is disingenuous at best. Since when has the mainstream media shied away from gruesome murder stories involving controversial figures?

In fact, the real reason that the liberal media won’t touch this story with a ten-foot pole is that Gosnell’s practices are a lot more mainstream than abortion rights advocates are willing to admit.

Gosnell is being tried on multiple murder charges stemming from cases of babies born alive and then killed by having their necks snipped with scissors. He also faces a third degree murder charge in the case of a woman who was the victim of a badly botched abortion and dozens of charges related to trafficking in prescriptions for narcotic drugs.

If Gosnell is an “outlier,” as the NAF has claimed, then there ought to be no political motivation on whether to cover this story. But as we shall see, abortionists like Gosnell are all too common. (See also: Florida’s Abortion Industry.)

Exhibit A: Abortionist James Pendergraft

James Pendergraft has been involved with some type of legal trouble in every year since he arrived in Florida in 1996. Frequent news stories chronicle the sordid tale of babies born alive and left to die, five suspensions of his medical license, a conviction for extortion that led to time in federal prison, and several lawsuits including a $36.7 million judgment due to a botched abortion in which a baby girl was born alive and survived with massive injuries.

James Scott Pendergraft appears at the Orange County, Florida courthouse in July 2011 awaiting the jury verdict that awarded a plaintiff $36.7 million. The lawsuit stemmed from a 2001 botched abortion in which a baby girl was born alive and has suffered lifelong handicaps. (Photo credit: Ken Scott)

James Pendergraft’s criminal activities are so legion that he has generated hundreds of news stories in the local press since he first arrived in Orlando in 1995. Pendergraft is an abortion “doctor” who runs a chain of five late-term killing centers in Ocala, Tampa, Fort Lauderdale and two in Orlando.

Pendergraft has had his license suspended five times for doing illegal late term abortions and for allowing a staff member with a history of drug dependency to write prescriptions for herself and others. In 2011, a former staff member of Orlando Women’s Center told a pro-life sidewalk counselor that Pendergraft transports huge bottles of pills in his vehicle.

A staff of killers carried on doing late term abortions at his direction while Pendergraft served his suspensions. These included three abortionists who died of untimely hearts attacks, two who have been convicted of drug trafficking and several more who have left a trail of injured women and botched abortions resulting in frequent lawsuits.

Pendergraft has now exhausted his legal appeals in the $36.7 million lawsuit. Lawyers for the plaintiff have been given court-ordered ability to seize Pendergraft’s assets. At this writing, they have already garnished his accounts and are beginning to sell off his buildings and furniture. (See related article tomorrow.)

The weight of this butcher’s own sin is beginning to crush him. On the other hand, it is a great travesty that the state of Florida did not prosecute this man criminally many years ago. Due to the politically charged nature of the abortion controversy, the district attorney and the state attorney general have left the regulation of Pendergraft’s abortion mills to the Agency for Health Care Administration (AHCA) and the five suspensions of his license to the Department of Health (DOH). Neither state bureaucracy has authority to begin criminal proceedings.

In addition to Pendergraft, I include here as “exhibits” four more abortionists who have worked in Orlando at Pendergraft’s abortion mills and a fifth Miami abortionist, Pierre Renelique, whose story is so bizarre and macabre that it defies belief.

Exhibit B: Abortionist Randall Whitney

Whitney arrives at work at Orlando Women’s Center to kill babies with a smile on his face. This photo was taken the day after a plaintiff won a $36.7 million lawsuit against OWC due to a botched abortion by Whitney.

Randall Whitney is a 79-year-old circuit rider abortionist for James Pendergraft’s Women’s Center mills in Orlando and Ocala specializing in second trimester abortions. His medical license is currently being reviewed by the Florida Board of Medicine in 2010 with regard to a case in which he was charged with battery for slapping a woman on a table while he was injecting her with valium prior to an abortion procedure.

Whitney has had a tumultuous history in central Florida. He began doing abortions full-time in the 1980s when his medical license was suspended after a malpractice incident. In the mid-1990s, Randall Whitney tried to open a second abortion clinic in Melbourne in competition with Aware Woman Center for Choice. When pro-lifers discovered this, they leafleted the five-story river-front office building where Whitney had signed a lease telling all the tenants that Whitney was an abortionist. Discovering that Whitney had lied about the nature of his business, and being very pro-life themselves, the building owners canceled his lease.

The fact that pro-lifers discovered Whitney’s plans was not surprising. What is unusual is that the news was actually “leaked” to the pro-lifers by Aware Woman’s founder and owner, Patricia Windle. After firing Whitney, Windle made sure Whitney would be met with the opposition of the pro-life community with her carefully timed “leak.”

All of Aware Woman’s volunteer “escorts” quit when they discovered that Patricia Windle’s motivation was to curtail a rival abortion clinic — not to “help women” as she often claimed. After all, wouldn’t two abortion clinics “help women” twice as much as one? The volunteer escorts thought so, but Patricia Windle knew it would just hurt her profits. Her actions show her priorities – profits first, “helping women” second.

After 15 years of going to Melbourne twice a week to kill unborn children, Randall Whitney was forced out. Then in September 2006, Whitney closed down his own clinic, Family Planning Center, in Daytona Beach, rather than comply with state regulators. He became a circuit rider abortionist working for James Pendergraft.

Whitney testified to the Florida Department of Health and during a civil lawsuit hearing that babies are sometimes born alive and left to die in James Pendergraft’s abortion clinics where he works.

In 2001, a patient of Whitney’s delivered a child who lived with massive birth defects after a botched abortion in Orlando. As a result, James Pendergraft and Orlando Women’s Center was hit with a $36.7 million judgment. Whitney is also the subject of two malpractice lawsuits that are ongoing.

Whitney served another suspension in the 1980s for a malpractice incident. After that time, he began doing abortions more or less full-time.

Exhibit C: Abortionist Zvi Harry Perper

Perper is arrested at the “pill mill” he ran at Delray Pain Management.

Harry Perper is currently under indictment on multiple counts of conspiracy and drug trafficking, facing up to 490 years in prison. He most recently worked as a dealer of pain pills for a controversial clinic in Miami that was founded by a convicted drug smuggler.

Perper was the abortionist on duty at EPOC abortion center in Orlando when Baby Rowan was born alive and left to die. Baby Rowan’s mother, described him as a very fast-moving, hyperactive type of person.

Perper perforated a woman’s uterus at Orlando Woman’s Center requiring a hysterectomy for which he was subject to disciplinary action. Amazingly, his medical license was not suspended due to an agreement in which he satisfied the terms of disciplinary action. He is currently clear to practice medicine in the state of Florida.

Exhibit D: Abortionist Walker Whaley

Above left: Whaley arrives to work at Orlando Women’s Center (photo credit: Deanna Waller). Above right: Walker Whaley in the 1980s.

Walker Whaley was convicted for conspiracy to manufacture cocaine in his basement with his brother Jonathan in 1986: (United States of America, Plaintiff-appellee, v. Walker L. Whaley, Defendant-appellant).

The Florida Board of Medical Examiners recommended suspension and probation due to Whaley’s 1984 conviction on conspiracy to manufacture cocaine. It ordered his medical license to be suspended for three years or until completion of the federal sentence, whichever was longer, with reinstatement of his license granted only under stipulations. Whaley, his brother, and the brother’s female roommate reportedly were discovered by DEA agents in a drug laboratory in Whaley’s basement.

Whaley also was disciplined in a case in which an infant was born alive. He attended the birth of Chad Nolan on December 14, 1981. He allowed fetal distress and tachycardia to continue for three hours, administered narcotic drugs, which crossed the placenta to the unborn child, and failed to perform a C-section, resulting in the infant suffering a seizure disorder (DPR Case #0035663; Duval County Circuit Court Case #84-10676; and Florida Times-Union, February 9, 1986).

Whaley died on May 31, 2012, at the age of 64 of a heart attack.

Exhibit E: Abortionist Pierre Renelique

Miami abortionist Pierre Renelique was found guilty in February 2009 of medical malpractice, after he failed to show up for a late-term abortion in July 2006. The mother went into labor (because of drugs given to her by Renelique the day before) and unlicensed staff delivered a live baby girl, according to news reports. The baby was stuffed into a plastic bag and left to die. Police found her body a week later. Renelique moved to New York City later that year, and began working at Clinton Place Medical Center, at 8 Clinton Place, in the Bronx, just west of Jerome Avenue.

Outlier or Mainstream Media Cover-up?

Florida has roughly 7 percent of the U.S. population (over 20 million people) and 10 percent of the nation’s abortion clinics (66 state-licensed locations of approximately 660 clinics nationwide). AHCA inspects Florida abortion clinics at least once a year and several times for clinics that have a history of violations. If we consider that many states have even more lax restrictions than Florida, then it is not unlikely that there exist dozens of more “killers” whose abortion mills fit the “House of Horrors” syndrome.


A Tribute to Howard Phillips

See Video Interviews Below

Howard Phillips

One of the great Americans of our time, Constitution Party founder, Howard Phillips, passed away this past Sunday, April 21, 2013 of complications due to Alzheimer’s disease. He was 72.

Howard is survived by his wife and six children, including Doug Phillips, who is a noted homeschooling advocate and teacher. A native of the Boston area, Howard attended Boston Latin school and later Harvard university where he was both student council president and an editor of the Harvard Crimson.

One of my best memories was sitting at long picnic bench in an outdoor barbecue restaurant in Fort Lauderdale across from Howard during his second presidential run and listening to Howard reminisce about his life growing up in Boston and his time at Harvard University.

Howard was a generous supporter of The Forerunner and always had kind words for me whenever I went to hear him speak.

One of the historical oddities of the Constitution Party is that it is the only political party in America that begins the preamble of its platform by acknowledging the Lordship of Jesus Christ.

The Constitution Party gratefully acknowledges the blessing of our Lord and Savior Jesus Christ as Creator, Preserver and Ruler of the Universe and of these United States. We hereby appeal to Him for mercy, aid, comfort, guidance and the protection of His Providence as we work to restore and preserve these United States.

This great nation was founded, not by religionists, but by Christians; not on religions but on a foundation of Christian principles and values. For this very reason peoples of all faiths have been and are afforded asylum, prosperity, and freedom of worship here.

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