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Abortion Foes Agree to Honor Court Injunction

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TIMES STAFF WRITER

In the first agreement of its kind in the nation, members of Operation Rescue of California say they will honor a permanent injunction barring them and other anti-abortion groups from demonstrating near a San Bernardino doctor who performs abortions.

U.S. Atty. Nora M. Manella announced the agreement Friday, saying it guarantees that Dr. Michael Morris and his wife, Sarah, will be free from intimidation under the Freedom of Access to Clinic Entrances Act.

Federal prosecutors said the agreement stemmed from a Dec. 9, 1994, incident in San Bernardino County during which three defendants--Jeffrey White, Joseph Foreman and Bryan Kemper--allegedly threatened and intimidated Michael Morris near his home.

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Although the defendants’ attorney, James A. Rainboldt, signed the agreement, he said he may appeal the decision and warned that it would have a “chilling effect” on the 1st Amendment rights of abortion foes nationwide.

“The way it is being applied is chilling on 1st Amendment rights,” said Rainboldt, an attorney with the American Anti-persecution League.

He alleged that it was Morris, not his clients, who caused the December incident. He said the doctor kicked his clients’ placards and threatened one of them while they were protesting half a mile away from his home.

Under the permanent injunction, the defendants and Operation Rescue are prevented from calling Morris on the telephone, sifting through his trash and congregating within 45 feet of his home. They are also barred from organizing or inciting others to commit any act that would threaten or intimidate Morris and his wife.

“Our success in this case demonstrates the steadfast commitment of the United States attorney’s office to enforce the civil rights laws of this nation, including laws protecting access to lawful abortion services,” Manella said.

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