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With a few pen strokes, U.S. District Judge William Lee signed an order that dismissed a long-standing judgment against area anti-abortion activists, bringing about the sudden end to a contentious case nearly 20 years old.
Signed Thursday, Lee’s order dismisses the case of the Fort Wayne Women’s Health Organization vs. Wendell Brane, Bryan J. Brown, Ellen Brown and Northeast Indiana Rescue.
The lawsuit stemmed from the sometimes physical clashes between clinic staff and police and abortion protesters staging “rescues” at the clinic, then at 827 Webster St.
The clinic had been frequently targeted by protesters since 1978.
In 1989, three protests at the clinic resulted in 400 arrests after more than 100 people tried to block the building’s doorways.
Citing criminal statutes designed to break up organized crime rings, the Fort Wayne Women’s Health Organization, unnamed female plaintiffs and Dr. Ulrich G. Klopfer sued to prevent another protest.
In 1990, Lee issued an injunction prohibiting the defendants from obstructing entrance into the Fort Wayne Women’s Health Organization.
But at the same time, he also prohibited clinic officials from interfering with the protesters’ lawful activities off clinic property, according to court documents.
While the arrangement was agreed upon by both sides, Brane and Bryan Brown ended up with an order forcing them to pay for the attorneys’ fees for the abortion clinic, something they have refused to do for nearly 20 years.
What started out as just more than $61,000 nearly two decades ago has ballooned to about $350,000, according to court documents.
A few years ago, the Fort Wayne Women’s Health Organization moved to a new location on Inwood Drive.
The location at 827 Webster St. is now owned by the Donegal Corridor and houses the anti-abortion Archangel Institute Inc.
Both the Donegal Corridor and the Archangel Institute are led in part by Brown’s family members.
Brown, a former Kansas deputy attorney general and anti-abortion activist who protested the late Dr. George Tiller, returned to Indiana and was offered a job at the Archangel Institute.
This year, the Donegal Corridor asked Lee to vacate any portion of his earlier ruling that would prevent the organization from using its property in the full manner it intended.
Brown also asked the court to vacate the judgment because he believes it is hindering his admission to the Indiana bar. Although he is admitted to practice law in other states, Brown’s request for admission in Indiana has been held up for three years.
He also asked the court to release him and Brane from the judgment, “vacate the ‘badges and incidents’ of economic slavery that were set upon (them) in the February 20, 1990 order,” according to court documents.
The Fort Wayne Women’s Health Organization made no attempts to collect on the judgment for about 15 years, despite Brown and Brane’s steadfast refusals to pay, according to court documents.
Brown praised Lee’s original ruling, unique in that it put sanctions on both sides and allowed both to continue to operate, even providing for an anti-abortion sidewalk counselor. But he felt it was unjust that only the defendants were stuck with the financial judgment.
Both Brane and Brown were ecstatic at this week’s ruling.
“It’s been almost 20 years,” Brane said. “I just feel a great sense of relief and freedom from this.”
Brown’s comments echoed Brane’s.
“(Lee) relieved me, out of a sense of justice, of that great burden,” Brown said. “He put justice and equity over (the original decision).”
The attorney for the Fort Wayne Women’s Health Organization did not return a call seeking comment, and a message left at the clinic went unreturned Friday.
The original plaintiff in the lawsuit, Klopfer, lives in Illinois and is the only doctor in Fort Wayne performing abortions. He also performs abortions in South Bend and Gary.
Lee ruled the initial injunction may be adversely affecting Brown’s ability to pursue his livelihood and noted none of the original plaintiffs came forward to contest Donegal Corridor’s and Brown’s motions, according to court documents.
In his ruling, Lee stressed that the case was never about abortion, existing rather “for the sole purpose of maintaining peace in the area” of the abortion clinic.
“Both sides were subject to certain restrictions intended to allow them to carry on their activities,” Lee wrote.
“(W)hile simultaneously respecting the physical safety of clinic employees, patients and protesters on both sides. For nearly 20 years, the very detailed injunction … succeeded in keeping peace notwithstanding the very tense atmosphere that arose out of the protests and activities conducted at the site.”
