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IMMEDIATE RELEASE
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NOW CELEBRATES ANOTHER VICTORY
IN LANDMARK NOW v. SCHEIDLER RICO LAWSUIT
TUESDAY, SEPTEMBER 23, 1997
In Chicago, U.S. District Judge David Coar ruled in favor of NOW on
several motions in the class action lawsuit NOW
v. Scheidler, brought under the Racketeer Influenced and Corrupt
Organizations Act.
"In this decision, the court has said that Randall Terry and his co-conspirators
will be held responsible for all the acts of terrorism and violence Pro-Life
Action Network has orchestrated in their war to deny women our constitutional
right to abortion," said NOW President Patricia
Ireland. "After a decade of their legal manipulations and procrastination,
we look forward to a jury trial."
Judge Coar's ruling affects several key areas of the lawsuit; his opinion:
-
Finds that plaintiffs' evidence of racketeering activity against Randall
Terry and Operation Rescue is
more than sufficient to proceed to trial. This ruling confirms that
the plaintiffs have provided a "plethora of evidence" that defendants forced
the "closing of clinics through the use of fear."
-
Finds overwhelming evidence that Terry and co-defendant Operation Rescue
played an active role in the Pro-Life Action Network. As members of
PLAN, both Terry and Operation Rescue are subject to the lawsuit and could
be assessed triple damages if found liable under RICO.
-
Dismisses most of defendants Randall Terry and Joseph Scheidler's affirmative
defenses. Terry and Scheidler challenged the constitutionality of the
RICO statute and claimed the necessity defense -- i.e. that they had to
violate the law to stop abortion.
"We are heartened that the court unequivocally rejected the defendants'
argument that their so-called ‘moral imperative' to stop abortion justifies
terrorism," said Fay Clayton, the lead attorney for NOW, the clinics and
the class members they represent. On March 29 of this year Judge Coar
certified
NOW as the representative for the class of women who use or may use
the services of women's health centers that provide abortions.
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