San Diego

On the 17th anniversary of the legalization of abortion, pro-choice forces won a victory Monday as the U.S. Supreme Court tossed out a case against San Diego abortion clinic personnel who placed protesters under citizen’s arrest.

“It’s a very clear message to anti-abortion groups that there are limits to their actions, and that support for their actions is getting smaller and smaller,” said Rina Berkhout, executive director of Womancare Clinic. “Anti-abortion protesters are losing more and more ground.”

Five demonstrators were placed under citizen’s arrest in October, 1985, when they picketed the Womancare Clinic in the 2800 block of 6th Avenue. The case involved almost five years of litigation as the demonstrators charged that they had been denied their right to free speech and subjected to false arrest, emotional distress and negligence. Although the group was initially awarded money, the case was reversed in a court decision in January, 1988.

The final blow came this week when the Supreme Court declined to hear the protesters’ case.

“We are very disappointed,” said Lloyd Tooks, the attorney representing the five demonstrators. “I believe this will encourage citizens to make arrests instead of police.”

But Berkhout said Womancare officials would continue to depend on police to keep protesters from disrupting the clinic’s operations. The Supreme Court’s action does, however, give clinic officials an additional tool to help protect their clients, she said.

“If we have to make citizen’s arrests, we will do it,” Berkhout said. “We will protect our clients.”