Today in federal district court in Chicago, the National Organization for Women presented closing arguments in its 12-year old class action racketeering case against anti-abortion terrorists. "The testimony and evidence clearly show a nationwide network of violence designed to prevent women from exercising their right to receive abortions and other services provided by women's health care centers," said NOW Vice President Kim Gandy.
The lawsuit makes legal history in two ways. First, in 1994 the Supreme Court unanimously ruled that the Racketeer-Influenced Corrupt Organizations (RICO) Act could be used to stop a criminal enterprise that has a political motive, rather than an economic motive. Second, the designation of NOW and the named-plaintiff clinics, Summit Women's Health Center (SWHC) and Delaware Women's Health Center (DWHC), represent the first time a class has been certified in this type of case. According to the ruling certifying the class, NOW represents not only its own women members, but also all U.S. women "whose rights to the services of women's health centers in the United States at which abortions are performed have been or will be interfered with by defendants' unlawful activities." The named clinics represent all clinics that perform abortions.
NOW's lawsuit asks for a nationwide injunction against the defendants
-- which include Joe Scheidler and Operation Rescue. In addition,
DWHC and SWHC seek triple damages for all injured clinics, as allowed under
the RICO statutes. This figure could be significant as the clinics
have been forced to contract for increased security personnel, install
sophisticated alarm systems and hire additional staff to face the violence
and threats of violence from the defendants.
"This case is about the use of fear, force and violence to bar women
from medical facilities," Gandy said. "Don't believe the anti-abortion
forces when they say we're after their First Amendment rights."
Note: NOW spokespeople are available for comment from Chicago
& Washington DC.