By Editorial Staff
Published March 17, 1999
By Bridget Hall, Staff Writer, Ocala Star-Banner
ORLANDO — The lawyer who made history in the 1973 landmark Roe v. Wade case legalizing abortion has returned to reproductive law and wants to make history again in several Florida abortion cases.
Roy Lucas, the architect of the “right to privacy” legal argument for abortion, now says overzealous protesters are violating the privacy of patients, abortion doctors and their staff.
“The days of peaceful protesting are gone,” said Lucas, attorney for Dr. James Pendergraft who owns the Ocala Women’s Center. “The protesting has stepped up to the level of harassment under the guise of the First Amendment. Really this is more like domestic stalking.”
And that is how Lucas says the courts should treat the anti-abortion protesters. In the lawsuit he filed last December and the temporary injunction he filed Tuesday, he asked the courts to keep protesters from coming within 75 feet of the Ocala clinic or bringing weapons or surveillance equipment within 1,500 feet of the clinic.
He also asked that protesters be banned from saying words like “abortuary” and “death” to patients, and that anti-abortion signs contain only words, not pictures of fetuses. He wants those signs to carry the following disclaimer: “Medical abortion is authorized by Florida law and the United States Constitution and has been sanctioned as safe by the American Medical Association.”
In a separate lawsuit, Lucas has asked that Internet providers be held liable for allowing protesters access to databases of motor vehicle departments, because he said abortion foes have used those databases to track down patients going to an abortion clinic he represents in Melbourne.
Matt Staver, attorney for Rev. Ed Martin, who leads the anti-abortion protesters outside Pendergraft’s clinic, said Lucas’ strategies are at best unorthodox and at worst unethical.
“He should have some support and basis for these allegations,” Staver said. “He has legal claims that don’t make sense, that no court in the country will ever accept, yet he’s made them and made them unashamedly.”
But Lucas said even if the courts are not ready for such strict limitations on protesters, it is time to lay the legal foundation.
“These are things that we might not get for another five years, but it will help other people down the line,” he said. “Many things that were considered radical 20 years ago are commonplace today.”
Lucas, 57, has championed abortion rights since penning an article for the June 1968 issue of the North Carolina Law Review in which he laid out the blueprint for legalizing abortion. Four years later, when Roe v. Wade came before the Supreme Court, Lucas filed the main brief.
Lucas continued practicing law until 1985, when he took an 11-year hiatus to visit 200 of the country’s natural parks and paint landscape scenes. After surviving a two-year bout with non- Hodgkin’s lymphoma, Lucas moved to Florida and returned to reproductive law.
“If you know the history from 1967 to 1971, Roy Lucas has done more than any lawyer in American history to make abortion rights available, but the number of people who know that could fit in a good-sized classroom,” said David Garrow, Emory University professor on reproductive law. “It’s not surprising that there would remain a hunger or an appetite.”
Lucas is representing Pendergraft in his suit against the Ocala Police Department, the Marion County Sheriff’s Office and a dozen protesters. The suit, filed last December, asks that protesters be kept at bay and that law enforcement provide an off-duty officer for security at the clinic.
Lucas also represents the Aware Woman Center for Choice in Melbourne. That clinic filed suit in January against 17 protesters and America Online, CompuServe and TML Information Services.
Lucas said protesters have copied down visitors’ license plate numbers and used the Internet providers to obtain those visitors’ names and addresses from TML’s database of motor vehicle information.
Christopher Sapp, the attorney representing the lead protester at Aware Woman, Meredith Raney, did not return several calls for comment.
Lucas has another lawsuit for Pendergraft in the works, a class action suit against Neal Horsley, the Georgia creator of the “Nuremberg Files” website that listed some 200 abortion doctors and asked visitors to send photos, videotapes, and any personal information about the doctors.
Horsley wanted the information, the site said, “in anticipation that one day we may be able to hold (abortion doctors) on trial for crimes against humanity.”
The site has been inaccessible since early February, when an Oregon jury ordered a dozen defendants associated with the site — but not Horsley — to pay Planned Parenthood and other plaintiffs more than $100 million in damages.
The jury found that the site amounted to a death threat against abortion doctors, their associates and families. The defendants plan to appeal.
Suing a web site, seeking injunctions against the utterance of certain words and requiring disclaimers on protesters’ signs may test the First Amendment, but Pendergraft secured Lucas because he wanted an attorney who would push the envelope.
“We have to be innovative with the abortion situation because the anti-establishment has become very innovative,” Pendergraft said. “They couldn’t win in the courts, so they went to the legislature. When they fail there, they’ll go onto something else. We always have to be on our toes.”
Lucas said even though his approach would limit protester’s activities, he is not out to curb free speech. He said his first case before the Supreme Court was a First Amendment case.
“I’ve always done a lot of that work, but when it gets to the point that they’re selling roadmaps to stalkers that have killed a lot of doctors, that’s stepping over the bounds.”
Forerunner - Home » Florida's Murder Industry »
Your comments are welcome!
“When the lives of the unborn are snuffed out, they often feel pain, pain that is long and agonizing.” – President Ronald Reagan to National Religious Broadcasters Convention, January 1981
Ronald Reagan became convinced of this as a result of watching The Silent Scream – a movie he considered so powerful and convicting that he screened it at the White House. More recently, it was by catching just a glimpse of what this film reveals that Planned Parenthood director and abortion advocate Abby Johnson turned and became a strong advocate for the pre-born.
The modern technology of real-time ultrasound now reveals the actual responses of a 12-week old fetus to being aborted. As the unborn child attempts to escape the abortionist’s suction curette, her motions can be seen to become desperately agitated and her heart rate doubles. Her mouth opens – as if to scream – but no sound can come out. Her scream doesn’t have to remain silent, however … not if you will become her voice. This newly re-mastered version features eight language tracks and two bonus videos.
“…a high technology “Uncle Tom’s Cabin” arousing public opinion just as Harriet Beecher Stowe’s 1852 antislavery novel ignited the abolitionist movement.” – Sen. Gordon Humphrey, Time Magazine
Languages: English, Spanish, French, South Korean, Chinese, Russian, Portuguese, Japanese
Running Time: 28 minutes
$17.95 — ORDER NOW!(We accept all major credit cards and PayPal.)
Exposing The Occult Roots of Abortion
This presentation looks at the spiritual roots of abortion and exposes the myths surrounding child killing. Little known historical facts about abortion and how they relate to modern feminism are presented logically and accurately. Has been effective in converting many to a pro-life position.
Massacre of Innocence goes where no pro-life presentation has gone before in “tearing the lid off abortion” to reveal the spiritual realities we must battle if we will bring an end to this crime. The presentation is absorbing, fast-paced, informative and incredibly devastating to any attempt to justify abortion.
“… an extraordinary statement … a powerfully articulate presentation about what abortion really means, and why a great and moral nation like the United States must not allow the slaughter to continue.”
— Congressman Robert K. Dornan
Running time: 85 minutes
$19.95 — ORDER NOW!(We accept all major credit cards and PayPal.)
“Give me liberty or give me death!”
Patrick Henry’s famous declaration not only helped launch the War for Independence, it also perfectly summarized the mindset that gave birth to, and sustained, the unprecedented experiment in Christian liberty that was America.
The freedom our Founders envisioned was not freedom from suffering, want, or hard work. Nor was it freedom to indulge every appetite or whim without restraint—that would merely be servitude to a different master. No, the Founders’ passion was to live free before God, unfettered by the chains of autocracy, shackles that slowly but inexorably bind men when the governments they fashion fail to recognize and uphold freedom’s singular, foundational truth: that all men are created in the image of God, and are thereby co-equally endowed with the right to “life, liberty, and the pursuit of happiness.”
This presentation is a similar call, not to one but many. By reintroducing the principles of freedom that gave birth to America, it is our prayer that Jesus, the true and only ruler over the nations, will once again be our acknowledged Sovereign, that we may again know and exult in the great truth that “where the Spirit of the LORD is, there is liberty” (2 Cor. 3:17).
Welcome to the Second American Revolution!
This DVD features “Liberty: The Model of Christian Liberty” along with “Dawn’s Early Light: A Brief History of America’s Christian Foundations.” Bonus features include a humorous but instructive collection of campaign ads and Eric Holmberg’s controversial YouTube challenge concerning Mitt Romney’s campaign for president.
$14.95 — ORDER NOW!(We accept all major credit cards and PayPal.)
Foundations in Biblical Eschatology
By Jay Rogers, Larry Waugh, Rodney Stortz, Joseph Meiring. High quality paperback, 167 pages.
All Christians believe that their great God and Savior, Jesus Christ, will one day return. Although we cannot know the exact time of His return, what exactly did Jesus mean when he spoke of the signs of His coming (Mat. 24)? How are we to interpret the prophecies in Isaiah regarding the time when “the earth will be full of the knowledge of the LORD as the waters cover the sea” (Isa. 11:19)? Should we expect a time of great tribulation and apostasy or revival and reformation before the Lord returns? Is the devil bound now, and are the saints reigning with Christ? Did you know that there are four hermeneutical approaches to the book of Daniel and Revelation?
These and many more questions are dealt with by four authors as they present the four views on the millennium. Each view is then critiqued by the other three authors.
$12.95 — ORDER NOW!(We accept all major credit cards and PayPal.)
Download the Free Study Guide!
God’s Law and Society powerfully presents a comprehensive worldview based upon the ethical system found in the Law of God.
Speakers include: R.J. Rushdoony, George Grant, Howard Phillips, R.C. Sproul Jr., Ken Gentry, Gary DeMar, Jay Grimstead, Steven Schlissel, Andrew Sandlin, Eric Holmberg, and more!
Sixteen Christian leaders and scholars answer some of the most common questions and misconceptions related to this volatile issue:
1. Are we under Law or under Grace?
2. Does the Old Testament Law apply today?
3. Can we legislate morality?
4. What are the biblical foundations of government?
5. Was America founded as a Christian nation?
6. What about the separation of Church and State?
7. Is neutrality a myth?
8. What about non-Christians and the Law of God?
9. Would there be “freedom” in a Christian republic?
10. What would a “Christian America” look like?
Perfect for group instruction as well as personal Bible study.
Ten parts, over four hours of instruction!
Running Time: 240 minutes
Watch over 60 on-line video interviews from God’s Law and Society.
$19.95 — ORDER NOW!(We accept all major credit cards and PayPal.)