udge Penick's decision in favor of the Scientology abortion clinic for the mind 2-15-00

Judge Penick's decision in favor of the Scientology abortion clinic for the mind 2-15-00

From: Bob Minton <bob@minton.org>
Date: Sat, 19 Feb 2000 14:28:18 -0500
Organization: The Lisa McPherson Trust, 33 N. Fort Harrison Ave., Clearwater, Florida 33755 Telephone (727) 467-9335, Fax (727) 467-9345 Message-ID: <m9qtasc40popav6fs0ki7t5i056l60dvvb@4ax.com>
-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 When a judge is more interested in basking in the lights of the media than the First Amendment, you get this type of crap which is shown below. Judge Penick has shown by this travesty that the Constitution takes back seat to his ego. I think it's time for Penick to step down from this ongoing circus.

IN THE CIRCUIT COURT FOR PINELLAS COUNTY, FLORIDA RICHARD W. HOWD, JR., Petitioner, VS. CASE NO. 99-7430-CI-08 ROBERT S. MINTON, JR., Respondent.

ORDER GRANTING IN PART AND DENYING IN PART PETITIONER'S VERIFIED MOTION FOR CLARIFICATION AND ALTERNATIVE MOTION TO ADD PARTIES DEFENDANT THE ABOVE CAUSE came on for hearing on February 7, 2000, on petitioner's verified motion for clarification and alternative motion to add parties defendant served January 21, 2000, and on the amendment to petitioner's verified motion for clarification and alternative motion to add parties defendant served February 4, 2000. The court having considered the verified motion, the appendix to? verified motion, the testimony of the witnesses, the videotape evidence that both parties presented, the photographs of Watterson Avenue, the Second District's opinions in Riddick v. Suncoast Beauty College, Inc., 570 So.2d 1064 (Fla. 2nd DCA 1990) and DAD's Properties, Inc. v. Lucas, 545 So.2d 946 (Fla. 2nd DCA 1989), and the article appearing at 85 CORNELL L.REv. 271 (1999) on the subject of picketing and churches, and the court being otherwise fully advised in the premises, it is hereby -- ORDERED that petitioner's motions be, and they are, hereby granted in part and denied in part as follows:

1. Petitioner's alternative motion to add parties defendant to this action is granted to the extent that the following corporation and individuals are added as parties defendant, on the basis that they are agents and servants of respondent, and are in active concert and participation with him with respect to the subject matter of this court's amended temporary injunction issued December 2, 1999:

Lisa McPherson Trust, Inc., a Florida for-profit corporation Jesse Prince, an individual Mark Bunker, an individual Grady Ward, an individual In all other respects, the alternative motion to add parties defendant is denied without prejudice.

2. Petitioner's motion for clarification is granted in part, Robert S.

Minton, Jr., Jesse Prince, Mark Bunker and Grady Ward are prohibited from occupying any portion of the space between the two white lines that the Clearwater Police Department painted onto Watterson Avenue immediately adjacent to the Bank of Clearwater Building. This restriction applies seven days a week, during the following hours, which are the hours during which Scientology staff members and students arrive and depart on foot and in buses and vans for meals in the Church's dining facilities located in the Bank of Clearwater Building:

Breakfast hours Lunch hours Dinner hours 8:00 a.m. - 9:30 a.m. 11:45 a.m. - 2:30 p.m. 5:30 p.m. - 8:30 p.m.

The foregoing restriction on Robert S. Minton, Jr., Jesse Prince, Mark Bunker and Grady Ward, is binding upon Robert S. Minton, Jr., Jesse Prince, Mark Bunker and Grady Ward, their officers, agents, servants, employees and on those persons in actual concert or participation with them who receive actual notice of the original injunction in this action entered December 2, 1999, and this order; however, this prohibition does not affect members of the general public or any other person unaffiliated with Robert S. Minton, Jr., Jesse Prince, Mark Bunker and Grady Ward, their officers, agents, servants, employees and on those persons in actual concert or participation with them, and is not to be construed as prohibiting such persons from occupying said space at any time; provided, further, that nothing in this order shall be deemed to restrict in any way the City of Clearwater and its Police Department from promulgating and enforcing such additional restrictions and regulations as the City and its Police Department have the authority to promulgate pursuant to the City's municipal powers to protect the safety of the general public.

3. Except as expressly set forth above, petitioner's verified motion for clarification and alternative motion to add parties defendant as well as the amendment to petitioner's verified motion for clarifcation and alternative motion to add parties defendant, be, and they are, denied, without prejudice.

4. In all other respects, this court's temporary injunction entered December 2, 1999, be, and the same is, hereby ratified and affirmed and continues in full force and effect.

5. Petitioner shall cause Lisa McPherson Trust, Inc., Jesse Prince, Mark Bunker and Grady Ward to be served with copies of the following: a summons, which the clerk shall issue; the court's amended temporary injunction issued December 2, 1999; and the original complaint herein. Upon receipt of such personal service, said additional defendants hereto shall have 20 days from the date of service to file and serve an appropriate response.

6. Any violation of this order shall constitute contempt of court, punishable by a fine or imprisonment.

7. This clarification of injunction is valid and enforceable in all counties in the State of Florida.

8. Any sworn law enforcement officer may assist in the execution or service of this clarification of injunction.

9. The court reserves jurisdiction of the subject matter and the parties for purposes of entering further appropriate orders, including the enforcement of this clarification of injunction.

10. The cost of the court reporter shall be divided equally between petitioner and respondent.

DONE AND ORDERED in Chambers at St. Petersburg, Pinellas County, Florida this 15th day of February, 2000.

Copies furnished to:

F. Wallace Pope, Jr., Esq.

Denis DeVlaming, Esq.

Paul B. Johnson, Esq, Morris "Sandy" Weinberg, Jr., Esq.

Michael Hertzberg, Esq.

Bruce G. Howie, Esq.

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