6th U.S. Circuit Court of Appeals panel rules against authorities for prolonged detention of abortion-rights opponents

A three-judge panel of the 6th U.S. Court of Appeals in Cincinnati ruled against law enforcement authorities from Springboro, Ohio, and the FBI for detaining abortion-rights opponents for three hours after they protested in the city, the AP/Zanesville Times Recorder reports.

The panel reversed an earlier ruling by a U.S. District Court in Dayton, Ohio, and sent the case back to the lower court for continued arguments.

Members of the Center for Bio-Ethical Reform allege that on June 10, 2002, officers violated their constitutional rights to free speech by detaining them for a prolonged period of time after the protesters drove trucks displaying photos of aborted fetuses through Springboro.

The 6th Circuit Court panel's ruling said that a reasonable jury could find that the officers were motivated to detain the protesters partially because the posters' content and concern by at least one officer that the photographs should be kept out of the sight of children.

The ruling also said the officers stopped the protesters because they were wearing body armor and Kevlar helmets, which caused concern that they might be involved in criminal activity.

The initial investigation found no evidence to justify why the protesters were held for three hours, and a reasonable officer would have known that detaining the group because of their protests would violate their right to free speech, according to the ruling.

Mark Harrington, executive director of the Center for Bio-Ethical Reform's Midwest office, said, "We were discriminated against and harassed because of our pro-life views."

Attorney Mark Landes, who represents the Springboro officers, said officers did not violate the group's rights, adding, "When trucks roll into [the] city carrying guys with helmets and flak jackets, we want to make sure that our officers will still be there to defend" the residents (AP/Zanesville Times Recorder, 2/21).

The 6th Circuit Court panel's ruling is available online. Note: You must have Adobe Acrobat to view this ruling.