Court Upholds 100 Foot Buffer Zone Against Pro-Life Messenger
Iowa Court Discriminates Against Pro-Life Preacher With Temporary Injunction And 100 Foot Buffer Zone
The Iowa Court of Appeals Thursday upheld a temporary injunction against an anti-abortion protester to keep him from picketing near an Iowa City women's clinic.
However, the court also denied Emma Goldman Clinic's request to permanently bar Dan Holman from its property at 227 N. Dubuque St. Holman, 58, is from the Southeast Iowa town of Keokuk.
In April 2004, a district judge restricted Holman from being any closer to the clinic than across Dubuque Street. He also was prohibited from entering the alley to the south of the clinic or from coming within 100 feet of the clinic's executive director, Karen Kubby, or its medical director, Dr. Robert Kretzschmar, or their residences.
"The good news for us is that the injunction is not dissolved," Kubby said.
Kubby said she expects Holman to continue to try to dissolve the injunction, which she said protects Emma Goldman workers and clients but still allows Holman to protest.
Kubby said she has not seen Holman since the injunction was ordered. Although she was hoping the court would rule in favor of permanently barring Holman from Emma Goldman property, Kubby said Holman is the only person who is enjoined from the clinic's property. Another woman has a no-contact order filed against her, Kubby said.
In September 2003, Kubby and Kretzschmar sought a temporary injunction against Holman over his alleged escalating behavior at the clinic.
The injunction came a few days after the New York Times quoted Holman at the execution of Florida anti-abortionist Paul Hill. Hill murdered an abortion doctor and his bodyguard. In the article, Holman said Hill "raised the standard" for anti-abortion protesters, adding, "Someday, I hope I will have the courage to be as much a man as he was."
Holman has said his quotes were taken out of context, but he believes the Bible mandates the death of abortion providers.
Holman had filed an appeal stating there was not sufficient evidence to support the temporary injunction. But in its four-page ruling, the Appeals Court stated it does not generally interfere with the district court decision "unless the discretions (have) been abused or the decision violates some principle of equity."
The Appeals Court also affirmed the lower court's decision to deny a permanent injunction.
Holman maintains that his remarks and right to protest are protected under the U.S. Constitution. Holman said he hadn't seen the appeals court ruling as of Thursday afternoon.
"I will most probably appeal it and also ask for the injunction to be vacated," he said.
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Posted by Editor at April 30, 2005 01:18 PM
