ARTICLES
October 1998 ARTICLESLETTERS
Contents © 1998
by Jim Holman.
All rights reserved.
Bad for Business
ACLU PROTESTS PRO-LIFERS PICKETERS
By Maggie Garcia
The American Civil Liberties Union has vowed to sue El Monte chief of police Wayne Clayton because of "his failure to enforce Federal Access to Clinic Entrances ( FACE)" law. FACE prohibits the physical obstruction of an abortion clinic. The penalties for a first offense are imprisonment for no more than a year and a $10,000 fine. The penalty for subsequent offenses is a three year prision term.
On August 18 the ACLU's executive director, Ramona Ripston and Charles R. Castle, president of the San Gabriel Valley/ Whittier chapter of the ACLU wrote an open to letter to Chief Clayton in the San Gabriel Valley Tribune, citing "concern about the very real threat of violence against the Family Planning Medical Center on Valley Mall Blvd. in El Monte." The letter goes on to cite that "[a]ccess to the clinic is restricted...by increasingly aggressive picketers."
The Mission interviewed Charles Castle inside the Family Planning Medical Center one Saturday morning, while, outside the clinic, the pro-life demonstrators prayed the Rosary. The lobby of the clinic was empty that morning, save a few clerical workers and clinic owner Eva Wenchell. The most striking aspect of the lobby was a large, abstract picture of a nude women, reclining in a suggestive pose. Castle told me that the protesters are physically harassing women, citing four women who complained of being "intimidated, harassed and blocked trying to get into the clinic." When asked when this harassment of the four women happened, Castle replied: "It happens all the time." Castle stated that one of the women was "assaulted and battered coming into the clinic and exiting the clinic. They grab you, trying to stick Rosaries in your hand, telling you that you are a murderer, that you got blood on your hands, you've God's blood all over your body, yada, yada, yada."
Castle admitted that the picketing "does interfere with business. There's a marked difference in the number of people that make appointments and show up... there's also a law on the books that if someone is interfering with your business, technically you have a right to file a claim against that. There are several laws that he [the chief of police] is picking and choosing, not to enforce or to enforce." Castle then went on to say that Pamela Johnson, an Assistant United States Attorney and Taylor Flynn of the ACLU were preparing to file a lawsuit against the El Monte Police Chief for his "failure to enforce FACE."
The Mission contacted the El Monte Police Department and spoke with the watch commander on duty, Lieutenant John Burkhart, regarding the situation at the Family Planning Medical Center. "The clinic wants the police to post a guard during business hours. The way we look at the situation is that they are a business. The police don't mount a security guard for a labor strike. If a crime occurs, then we will investigate." Lieutenant Burkhart said that the police have been out to the clinic many times, driving by constantly and yet have never seen any criminal activity.
According to pro-life supporter John Hanrahan, who regularly prays the Rosary in front of the abortion clinic, the clinic had been fairly event-free until Castle began to show up at the clinic a few months ago. Hanrahan said that Castle is the one harassing the pro-lifers as they pray the Rosary in front of the clinic. Other pro-lifers who regularly pray the rosary at the clinic echoed Hanrahan's statement.
Bob Horn, who regularly prays the rosary in front of the clinic, told the Mission that Castle once shoved him from behind and the police were called and a report taken. Horn also said that he once told Castle that he was "the worst jerk he had ever met." Castle taped him and told him he was going to take the tape to the U.S. Attorney's office.
On September 5, Dolores Garcia was praying the rosary at the back of the clinic, when Castle began to harass her by snapping pictures close to her face. Understandably frightened and fearing for her safety, Garcia told Castle, "Leave me alone, leave me alone." When Castle continued to harass her, Garcia kicked him in the shins. The police were called and initially were very curt and rude to Garcia and the other pro-lifers. According to Garcia, two El Monte police officers responded to the call and refused to speak to the pro-lifers. When the police asked Garcia if she wanted to press charges against Castle, they made it clear that it was under the condition of her being arrested first. When learning of this, Castle decided not to press charges.
Garcia told the Mission that her fear of being harmed stemmed from a previous incident when she had been hit in the face by the husband of a women who was having an abortion at the clinic. When a nurse from a clinic next door, stepped forward and gave the police an eyewitness account of what had happened, the police became less hostile to the pro-lifers. Garcia pointed out that at 5'1" and weighing 105 pounds, she is hardly a physical threat to anyone.
Because of the vulnerability of the pro-lifers, most of whom are in their 70s and 80s, with some of them walking with the assistance of canes, Jeff White of Operation Rescue West recently went to the clinic on a Saturday morning to observe the situation. In an interview with the Mission, White said: "I affirmed them in their methodology [peacefully praying the rosary]. They are a role model for the entire pro life movement."
Rosemary Lozano had her own account of Castle's harassment, citing that he had done the same to her. "He has harassed me very, very much. While praying, he pushed against me. He [Castle] appears to want to physically hurt us. I don't know why, we are old people, we aren't young people who want to fight with them."
Pro-life activist Bill Soucie told the Mission that James Rainbolt, an Orange County attorney who has defended pro-lifers on FACE charges, has been retained to explore any legal remedies that pro-lifers may have against the bullying tactics of the ACLU.