Wichita Judge fails to issue Preliminary Injunction against Anti-Abortion Activist
U.S. District Judge J. Thomas Marten refused to grant an order sought by the Department of Justice against an anti-abortion activist for sending a threatening letter to Dr. Mila Means, the Kansas doctor who plans to offer abortion services in Wichita. Dr. Means has been the target of anti-abortion protests and harassment since she began training to provide abortion services in December.
"We are dismayed by the Judge's decision," said Katherine Spillar, executive vice president of the Feminist Majority Foundation. "However, anti-abortion extremists have been put on notice: every threat against abortion providers will be investigated and challenged," Spillar continued. "Rigorous prosecution of extremists who are advocating and using violence is the only way to stop this domestic terrorism."
The Justice Department had accused Angel Dillard of violating the Freedom of Access to Clinic Entrances Act (FACE), a law protecting abortion clinics, and asked that Dillard be prohibited from contacting Means or coming within 250 feet of her home and her office. Dr. Means testified in court that she felt threatened by the letter, and had undertaken numerous security measures in response. Although Judge Marten said that Dillard clearly intended to intimidate Dr. Means, he did not believe the letter constituted a "true threat" prohibited under FACE.
Dillard has been associated with anti-abortion groups in Kansas. In an interview with the Associated Press in July 2009, Dillard revealed she had corresponded with Scott Roeder, then in a Wichita jail awaiting trial for the murder of Dr. Tiller. Dillard told AP "With one move, (Roeder) was able...to accomplish what we had not been able to do...So he followed his convictions and I admire that."
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http://www.msmagazine.com/news/uswirestory.asp?ID=12972