Tag Archives: Winter Park

Judge blocks Kissimmee Planned Parenthood from committing abortions

Kissimmee Planned Parenthood abortion clinic pro-life protest

Pro-lifers learned by accident this past March what Planned Parenthood of Greater Orlando had been trying to keep secret until it was ready to open two months later, that it had purchased a clinic suite in the middle of a large medical complex in Kissimmee, just 20 minutes from Disney World.

Planned Parenthood intended to commit abortions at its new Kissimmee clinic, which it purchased for $1.4 million in 2013, despite the fact that deed restrictions prohibit surgical procedures from being performed without permission from other owners.

Pro-lifers and surrounding business owners quickly took action, planning protests (photo above) and filing a lawsuit.

Yesterday Circuit Court Judge John E. Jordan granted an injunction that blocks Planned Parenthood from committing abortions. This morning pro-life Dr. John Littell, who has been intimately involved with blocking Planned Parenthood in Kissimmee, told me this has the effect of a permanent injunction unless Planned Parenthood appeals. In other words, it is what it is. I love the first line from this mynews13.com article, emphasis mine:

Planned Parenthood’s CEO tried to argue that surgical abortions are not “surgical” procedures because they do not involve incisions.

The judge ruled Planned Parenthood should have tried to remove the deed restriction before buying the property.

“PLANNED purchased the PLANNED property with knowledge of the restrictions and proceeded at its own peril.”

Jenna Tosh, CEO of Planned Parenthood Greater Orlando AbortionPlanned Parenthood of Greater Orlando’s CEO would be Jenna Tosh, pictured right, whose brother-in-law is pro-abortion comedian Daniel Tosh, and who, as an aside, prompted an ongoing lawsuit in Winter Park, Florida, in 2012 when she complained to city officials about a pro-life protest at her home, and they passed an ordinance blocking such protests. Pro-lifers say this was unconstitutional and believe their case has been bolstered by the Supreme Court’s recent buffer zone decision. Abortion always brings chaos and upheaval to a community.

Planned Parenthood Kissimmee had planned to start committing abortions next month. If Planned Parenthood is permanently blocked from committing abortions, its claim that “abortions make up less than 10 percent* of the health services they provide” will be put to the test.

If that’s true, the clinic should have no problem remaining open. So why then did ClickOrlando.com report, “If Planned Parenthood can’t do abortions, they may not be able to stay open”?

One more point: At least one news article erroneously stated the injunction also blocks Planned Parenthood from performing mammograms, something it does not do. It only refers.

*UPDATE 7/24, 8:45a: I have received a copy of the temporary injunction, a great read. In it Jenna Tosh claims abortions at the Kissimmee facility would actually amount to “less than 1% of PLANNED’s services.” To that end, while Planned Parenthood requested a bond of $720,000 in lost revenue should Planned Parenthood ultimately prevail in this case, the judge set the bond at $24,000, since, he said, Planned Parenthood shouldn’t expect that much lost revenue if indeed abortion accounts for less than 1% of its services. Ha!

UPDATE 7/25, 9:45a: And here here is Jenna Tosh’s affidavit, wherein she claims abortion accounts for “less than 1%” of Planned Parenthood’s services within her affiliate.

[Top photo of pro-life protest at Kissimmee Planned Parenthood’s grand opening in May via Shark-Tank.com]

Pro-lifers look beyond abortion clinic buffer zones to bubble zones, buffered homes

We are trying to get the WHOLE 11th circuit to review the case and then we will go tothe U.S. Supreme Court with it after that. It's never likely that SCOTUS will hear a case, but this one might just grab their attention. http://billingsgazette.com/news/state-and-regional/montana/pro-choice-pro-life-leaders-disagree-on-how-court-decision/article_f9de76f1-3200-53e1-bf25-ce958852056d.html http://articles.chicagotribune.com/2014-06-26/news/chi-abortion-protest-buffer-zone-20140626_1_buffer-zone-abortion-clinics-bubble-zone http://www.nbcnews.com/watch/nightly-news/abortion-clinic-protest-ruling-to-impact-several-states-290115651826 http://twitchy.com/2014/06/26/free-speech-wins-scotus-unanimously-overturns-expansive-abortion-clinic-buffer-zones-left-goes-nuts/ http://en.wikipedia.org/wiki/Legal_protection_of_access_to_abortion http://www.wbur.org/2014/06/26/mass-officials-will-seek-new-buffer-zone-rules http://go.nationalpartnership.org/site/News2?page=NewsArticle&id=44019&security=3161&news_iv_ctrl=-1 http://www.carbonated.tv/news/abortion-clinic-protests-photos-videos http://www.salon.com/2014/06/26/do_what_we_tell_you_to_do_or_we_will_kill_you/    The U.S. Supreme Court’s unanimous decision last week overturning Massachusetts’ 35-foot abortion clinic buffer zone law, which the court agreed unconstitutionally restricted the pro-life right to free speech, has implications far beyond similarly worded laws and ordinances around the country.

There are also what are called “floating bubble zone” laws, such as in Chicago, where pro-life advocates are restricted from entering an eight-foot imaginary bubble around a pregnant mother who is within 50 feet of an abortion clinic.

http://articles.chicagotribune.com/2014-06-26/news/chi-abortion-protest-buffer-zone-20140626_1_buffer-zone-abortion-clinics-bubble-zoneAnd there are home buffer zone free speech restrictions, such as in Winter Park, Florida, where in 2012 the city government enacted a 50-foot buffer zone ordinance banning any protests within 50 feet of a home after pro-life activists held signs in front of the home of Planned Parenthood of Greater Orlando’s CEO Jenna Tosh (pictured left).

Then there are court actions, such as was taken in Columbus, Ohio, in 2013, when a pro-life/anti-homosexual group was banned from protesting along a public road in front of a church where there are no sidewalks.

All of the aforementioned pro-life free speech restrictions are now getting second looks by the attorneys involved.

The Supreme Court opened the door to reanalyze such cases in its McCullen v Coakley decision, according to a constitutional expert on abortion law in an email to me. Here are the ways he believes the McCullen decision aids pro-life activists as well as puts more pressure on clinics:Supreme Court unanimous abortion clinic buffer zone decision in favor of pro-life advocates

  • It was a unanimous decision, including the most pro-abortion justices.
  • It favorably described pro-life sidewalk counselors.
  • It proclaimed free speech rights on public sidewalks.
  • It pushed back against writing and passing more “speech-free zones.”
  • It may limit the scope of the Freedom of Access to Clinic Entrances Act for the first time since it was enacted. (The holding doesn’t affect FACE legally. However, it appears to reaffirm First Amendment rights on public sidewalks, which were thrown into doubt to some extent by the Hill v Colorado decision in 2000. So it seems to be a “buffer” against applications of FACE by the Obama administration.)
  • It may encourage greater boldness of pro-lifers on the sidewalks and public ways by clarifying the law and clarifying their right to be there

A buffer zone by any other name…

Attorney Tom Brejcha of the Thomas More Society, the pro-life legal group that has taken the lead in opposing the Chicago ordinance, wrote me in an email he plans to take action by the end of summer in light of the McCullen decision:

Really, the “bubble” is from my perspective just a buffer zone within the buffer zone, since it creates a 50 foot buffer – very broad even by comparison with the overbroad Massachusetts buffer – within which a pro-lifer is forbidden from “approaching” anybody. As noted Supreme Court blogger Tom Goldstein was quoted, “All buffer zones are now presumptively unconstitutional.”

Thomas More Society is also the lead group on the Columbus, Ohio, case, and Brejcha told me he plans to take action there as well.

Winter of pro-life discontent

Likewise, one of the pro-life attorneys working on the Winter Park lawsuit wrote me in an email, “We intend to use the McCullen v Coakley case as it does provide helpful arguments.”

The Winter Park ordinance was half struck down by an 11th Circuit Court panel, but pro-lifers are asking the entire 11th Circuit to review the case and will go on to the Supreme Court, if need be.

[Top photo via Chicago Tribune]

Pro-lifers sue Florida city for banning home protests

True to their word, pro-life activists in Winter Park, Florida, have sued the city government for passing an ordinance banning home protests.

City commissioners (minus the mayor, who voted to protect free speech) enacted the ban after pro-lifers picketed the home of Jenna Tosh, CEO of Planned Parenthood of Greater Orlando, on August 18.

The ban prohibits protests within 50 feet of any home.

Coincidentally, Jenna is sister-in-law to Comedy Central’s Daniel Tosh.

Plaintiffs Winnifred Bell, Allura Lightfoot, and Deanna Waller filed a motion for a temporary restraining order as the merits of their case are debated in court, but that motion was denied.

Recall even the liberal Orlando Sentinel came out against this ordinance as “abridging… free-speech rights.”

Mayor Kenneth Bradley stated on the record he thought the ordinance would be found unconstitutional, to which City Council Commissioner Tom McMacken (pictured left) dimly responded, “I have sworn to uphold the Constitution, but … if it was constitutional or unconstitutional, I would still do it.”

City Attorney Larry Brown explained the city’s side to a reporter from Winter Park Voice, noting plaintiffs had filed for recovery of attorney fees and damages…

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The city is hinging its defense on the U.S. Supreme Court’s 1988 Frisby v. Schultz decision, which upheld a Brookfield, Wisconsin, ordinance banning home protests. The current lawsuit maintains:

Although the Code claims to be in conformance with Frisby v. Schultz, 487 U.S. 7 474 (1988), it misinterprets the essential holdings of the case. The Frisby Court held an Code “forbid[ding] all picketing in residential neighborhoods [would violate] the overbreadth doctrine [and] would render it unconstitutional on its face.”(White, J., concurring).

Second, the City’s Code defines a “picket” as “any assembly of one or more persons ….” (emphasis supplied). In Burk v. Augusta-Richmond County, 365 F. 3d 1247, 1255 n.13 (11th Cir. 2004), the Eleventh Circuit cited with approval the small group exceptions of many other circuits when it noted a law requiring permits for groups of only five people is not narrowly tailored.

Stay tuned.

Pro-lifers picket Orlando Planned Parenthood CEO’s church

The story goes that during the Nazi Holocaust members of a church located near railroad tracks where cattle cars transported Jews to their deaths became disturbed when on Sunday mornings they could hear those Jews crying out for help.

The solution was for congregants to begin singing a little louder when they heard the train whistle blow in the distance, so their worship service wouldn’t be disturbed.

If what happened yesterday at the First Congregational Church in Winter Park, Florida, doesn’t fit that description to a modern-day tee, I don’t know what does. 1.2 million babies are being killed every year in America by abortion, and let’s hide the atrocity from the church with sheets.

This is the church where the CEO of Planned Parenthood of Greater Orlando, Jenna Tosh, attends. (Read backstory here.) It is also City Commissioner Sarah Sprinkle’s church. Sprinkle is one of the four who support a free speech ban against protesting at people’s homes.

The First Congregational Church is an affiliate of the United Church of Christ, a pro-abortion denomination of which Barack Obama is also a member.

Yesterday, FCC church members got wind that pro-lifers planned a picket and 30 of them stood ready wearing deathscort vests and carrying sheets. Click on all photos to enlarge. In this one, they look angelic don’t they? (“Even Satan can disguise himself as an angel of light.” ~ II Corinthians 11:14) A close-up reveals this was their goal. Many are wearing white flowered halo headbands….

Pro-lifers were smart. They simply held signs quoting Scripture…

Many of the participants were children…

One of FCC members wrote a preemptive note to church members:

We want to make you aware of a potential demonstration this Sunday morning near the premises of our church building.  It has come to our attention that a group plans to gather to protest two particular issues.  First, they want to protest the work of one of our members, Jenna Tosh, who is the CEO of Planned Parenthood of Greater Orlando.  We know Jenna and support her in her work and as a member of our congregation. Second, this group may protest the fact that we ordain gay and lesbian clergy.  This is something we support as an Open and Affirming congregation and as individuals.

Our church has always stood on the side of justice and freedom. We have always strived to create a community that supports thoughtful dialogue. However, we do not want any members to be surprised on Sunday should you see protestors on the sidewalks with signs, posters and pictures, some of which may be quite graphic.  We are making appropriate plans to create a welcoming environment.  Members who have been trained to escort you into the building will be on hand at every entrance should you wish any assistance.  They will be wearing bright neon yellow vests….

We hope you will attend worship this Sunday, September 23rd, as we stand united in what we believe and as we demonstrate our support for Jenna Tosh and her family.  This will be an opportunity to be the church together as we bear witness to our faith and the Still Speaking God.

The City Commission plans its final vote on the free speech ban tonight.

As an interesting aside, Jenna Tosh’s brother-in-law is Comedy Central’s Daniel Tosh.

Here’s a short video clip to give you a sense of the event…

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[HT: Jay Rogers at Forerunner.com]

Home picket of Planned Parenthood exec draws anti-free speech ordinance; media balks

Recall my post about Planned Parenthood of Greater Orlando CEO Jenna Tosh  crying when pro-life activists picketed her Winter Park, Florida, home on August 18.

Jenna was rewarded for her embarrassment by a meet and greet with President Obama when he breezed through Orlando for an August 30 fundraiser.

YouTube won’t remove a video that has contributed to riots and murders of U.S. officials and troops throughout the Middle East, but it quickly removed the video of this pro-life protest. Outing people who kill babies is more dangerous to the world than dissing Muhammad. Nevertheless, the video is available now at Pro-LifeTube.com.

After getting the damaging video removed from YouTube, Tosh complained to the Winter Park City Commission, which quickly enacted an “emergency public safety ordinance” that banned public protests within 50 feet of a private residence. On September 10 the Commission voted 4-1 to make the ordinance permanent. A second vote on September 24 will ratify the ordinance.

Voting against the ordinance was Winter Park Mayor Ken Bradley, who rightly understood it to be an assault against free speech.

Also now opposing the ordinance is the Orlando Sentinel, which posted an astute editorial on September 16:

We might have been inclined give city officials a hearty attaboy for being so responsive to a resident – had commissioners not managed in the process to abridge everyone else’s free-speech rights.

Winter Park modeled its measure after ordinances that passed constitutional muster, so we aren’t arguing legal merits.

But we do question the knee-jerk response to a single citizen’s complaint – precipitated by the distribution of pro-life handouts and, nearly a week later, some nonviolent picketing. And we question the need for a new law when laws exist to protect citizens against protests that grow unruly.

And we question why government officials are so quick to crack down on freedom of speech. Imagine the outcry if commissioners had tried to go after the Second Amendment.

Having to push past protesters toting signs that read “Jenna Tosh kills babies and hurts women” certainly is unpleasant. We sympathize with her.

However, her need to avoid disturbing, anti-abortion expressions outside her home shouldn’t trump the rights of the many to exercise their First Amendment rights within public areas in residential areas.

That’s something Bradley wisely understood: “I just can’t vote to stop free speech,” he said.

On Sept. 24, the ordinance is up for a final vote. This time, commissioners should follow their mayor’s lead.

City Attorney Larry Brown, pictured right, thinks the ordinance will withstand constitutional muster. He cited a similar ordinance that had – but another that had not. I spoke with pro-life activist Jay Rogers last night, who told me he has already been contacted by three separate legal groups that specialize in upholding pro-life free speech. If Winter Park officials insist on ratifying the ordinance, a court challenge is promised. Brown’s reputation will then be on the line, although any public humiliation he suffers will surely be offset by the fattened paycheck he gets from the city for the extra hours he has to spend on this.

Some unintended consequences, quoting the Winter Park/Maidland Observer:

UCF’s Brett, a constitutional law specialist, said that depends on the ordinance covering all of its bases, which cities frequently fail to do.

He said that the ordinance might be challenged based on infringing on free speech rights at businesses, churches, public parks, etc., that are within the no-protest zone in neighborhoods.

“What happens if you have a Baptist church that’s sponsoring an operation rescue rally, and that happens to be in a residential neighborhood?” Brett said. “Not only do you have conflicts of free speech, but also conflicts of free exercise of religion.”

Does the Commission really want to waste taxpayer money on legal fees and continue to draw controversy? If so, it doesn’t understand pro-life activists, who the press is siding with.

Orlando pro-lifers don’t actually mind this skirmish, Rogers told me. Abortion proponents and the media frequently attempt to ignore their protests. Now, thanks to Tosh’s (exaggerated) complaints, they’re not. All the attention only spotlights the atrocity of abortion as well as the scandal brought to bear against those committing it.

At 28 years old, Tosh is an unseasoned abortion industry hack. Veterans would have told her to ignore the protest and let the controversy die down.

Tosh has only inspired more of the same in more creative ways. I’ve been told the plans.

Winter Park, welcome to the fact that abortion brings chaos to society. No justice, no peace.

[Photo of Brown via Seminole Voice]

Home protest makes Orlando Planned Parenthood CEO cry

Jenna Tosh returned home from a walk with her family Saturday morning  to an unwelcome surprise: 28 pro-life activists conducting an awareness campaign in front of her home.

Jenna promptly burst into tears.

This spring 28-yr-old Jenna was promoted to the position of CEO of Planned Parenthood of Greater Orlando in Florida. One of the two clinics Jenna oversees commits abortion.

Jenna lives on a busy street in Winter Park.  Why did she start crying Saturday? She could have been humiliated by the exposure. She could have been upset that her young son saw graphic photos of how she makes her living. She could have been shocked at the realization her home was no longer a respite. The best hope is Jenna’s heart was pierced, and she’s on the road to a conversion. I do know a lot of people were praying for Jenna Saturday and continue to pray.

Here’s the short version of Jenna’s response to the pro-lifers…

Pro-lifers  conducted their awareness campaign for 1-1/2 hours. During that time Jenna’s husband turned on the sprinkler system, and they also called the police.

Police told one of the pro-lifers they were called to the home under false pretenses. Whoever called them claimed the pro-lifers were playing loud music, yelling at cars passing by, and blocking the road and sidewalk, none of which turned out to be true, as he noted. “He observed only people in cars yelling at us,” wrote the pro-lifer.

As Michele Herzog, one of the pro-lifers, told me, the goal of pro-life protests at the homes of abortion providers is “‘to speak up for those who have no voice’ (Proverbs 31:8) and ‘to have nothing to do with the unfruitful deeds of darkness, but to rather expose them’ (Ephesians 5:11).”

In the past these awareness campaigns have borne fruit, the most recent example being just a couple months ago, also in Florida, when abortionist Scott Hye saw the light and quit the trade. We pray Jenna also sees the light. Jenna, you have a PhD, for heaven sakes. You could do so much better.

Here is the long version of the Saturday protest at Jenna’s home, prepared by Jay Rogers, who also wrote a detailed post about it…

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