Ruling Defines Activity At Abortion Clinics
Joseph Logsdon's lawyer admits his client is a "serial trespasser" at Cincinnati abortion clinics, where he is a frequent protester.
But Logsdon, who usually acknowledges his actions and pays a fine, objected two years ago when he was arrested at the Cincinnati Women's Services clinic. He said the only reason he set foot on the property was to retrieve a protest sign that had been taken by a clinic employee.
"He was picketing lawfully," said Logsdon's lawyer, Tom Condit.
The Ohio 1st District Court of Appeals agreed Friday when it overturned Logsdon's conviction for misdemeanor trespassing, which followed his arrest at a protest outside the clinic on Oct. 28, 2003.
The ruling is the legal system's latest attempt to refine the rules for activists who gather outside clinics to express views for or against abortion.
The court concluded that the protester's right to protect his property - the protest sign - trumped the clinic's right to keep its property free of trespassers.
The court's three-judge panel concluded that, while Logsdon did walk onto the property, he did so only to get back a sign that clinic director Debi Jackson removed from a fence, folded in half and carried toward the clinic entrance.
The handwritten sign read, "God has a plan for your baby!"
"Logsdon peaceably retrieved the sign ... and returned to the public sidewalk, all within 90 seconds," wrote Judge Mark Painter, joined in the decision by judges Robert Gorman and J. Howard Sundermann.
The judges said Logsdon should not have been arrested and the incident was "blown way out of proportion" because of strong feelings on both sides.
"The criminal law should not intervene in minimal transgressions," the judges wrote. "Though the issue underlying the incident is great, the incident itself was small."
Jackson, who declined comment Friday, had testified that she did not think the sign was on public property when she removed it. She said Logsdon's protest had reduced a clinic patient to tears.
Condit said Jackson grabbed the sign through a fence and carried it away, prompting Logsdon to go after it. He went back to the sidewalk after retrieving his sign, but Jackson called police.
"Their attitude was, let's arrest now and ask questions later," Condit said.
Logsdon has accused the clinic and police of false arrest in a civil suit. City attorneys could not be reached for comment Friday.
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Posted by Editor at April 25, 2005 11:38 AM
