http://www.press-enterprise.com/newsarchive/1998/02/21/888047199.html
Judge OKs picketing of church[sic]
By Susan Thurston
The Press-Enterprise
A judge ruled Friday that a frequent protester of the Church of Scientology
cannot be blocked from going near its Golden Era film studios in Gilman Hot
Springs or its studio manager.
Golden Era Manager Ken Hoden received a temporary restraining order against
Keith Henson last month after Henson picketed outside the church's complex
along Highway 79. Hoden argued Henson harassed and threatened him with a pool
cue attached to a sign.
Judge Stephen D. Cunnison of Riverside Superior Court on Friday refused Hoden's
request to make the restraining order permanent. Henson, who has picketed
Scientology sites across the country, was exercising his rights to free speech
and did not single out Hoden, he said.
"You don't have a situation here where the defendant is stopping people. This
is not an abortion clinic situation," Cunnison said.
The judge also said Henson's character was not relevant.
"I'm not going to let you turn this into a show," said a frustrated Cunnison as
he slammed on the bench thick volumes of documents submitted by Scientology
representatives.
Hoden's attorney, Kendrick Moxon, argued Henson is dangerous based on his
numerous comments against Scientologists that have been
posted on the Internet. He also cited Henson's experience with explosives and
cryonics, the practice of freezing bodies in the hopes that
they can brought back to life.
Moxon agreed the First Amendment protects Henson's picketing "but not to the
detriment of others." Henson's protests last May and in January threatened the
safety of motorists along the state highway and Golden Era employees, he said.
Hoden testified he approached Henson because he wanted to caution him about the
dangers of the high-speed highway, which winds along
the base of the mountains north of San Jacinto. He said he became fearful when
Henson started attacking his religion.
"He had no intentions of trying to resolve any problems. The only thing he
wanted to do was have our entire complex destroyed," Hoden
said.
Henson, 55, of Palo Alto, said he never intended to harm anyone and was only
voicing his views. He carried a sign that questioned whether Scientologists
were to blame in the death of a woman in Florida.
He hailed the judge's ruling, which also ordered Hoden to pay Henson's court
costs, but not legal fees, as a victory for free speech.
"It was a protected activity. They were trying to make it a personal attack,"
he said.
After the hearing, Henson returned to Gilman Hot Springs to picket with Deana
Holmes of Salt Lake City, who had been subpoenaed to testify for the defense.
His attorney, Graham Berry, and a private investigator from Hemet took
photographs and videos.
Hoden said the church, which is paying the legal costs, may appeal the ruling.
"I'm responsible for making sure someone doesn't get hurt," he said. "I'm also
concerned about having him around because it could cause an upset."
Published 2/21/1998
(Please note the only thing that *doesn't* cause the Soopermen of Scientology
an 'Upset' is allowing them to perform their sedition in secret)
Zinj