California Senate bill allows jail for abortion-clinic blockaders

By The Associated Press

06.10.01

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SACRAMENTO, California — Protesters who blockade abortion clinics or churches could end up in jail for up to a year if a bill approved on June 6 by the California Senate becomes law.

The measure by Sen. Deborah Ortiz, D-Sacramento, would implement a state version of a tougher federal law that can lead to up to three years in prison.

The bill, SB780, would authorize jail sentences for people who:

• Use force, the threat of force or physical obstruction to, or attempt to, injure, intimidate or interfere with someone because that person is an abortion clinic client, provider or assistant.
• Damage someone's property because he or she is an abortion clinic client, provider or assistant.
• Use force, the threat of force or physical obstruction to, or attempt to, injure, intimidate or interfere with someone attempting to use a place of worship.
• Damage property at a place of worship.

Offenses involving nonviolent conduct could result in a jail sentence of up six months. Violent offenses could lead to as much as a year in jail. Maximum fines would range from $5,000 to $50,000.

Supporters say state penalties are needed because local police and sheriff's officers are the ones usually called to deal with such violations, and those officers have no authority to make arrests under federal law.

Sen. Charles Poochigian, R-Fresno, said the bill would impose "very severe" penalties designed to silence abortion opponents.

"If this bill were about violence, about bombings or similar acts there would be strong bipartisan support," he said. "But this bill is about freedom of speech and acting on that speech."

Sen. Sheila Kuehl, D-Santa Monica, disagreed, saying the measure was about protecting people from intimidation and violence.

"If you don't like this bill, then don't come to my clinic and try to intimidate me. Don't go to my church or synagogue and protest against me," she said. "Think about protesting in a place where you're not going to threaten me, go to a place where you can express yourself."

But Sen. Ray Haynes, R-Riverside, said if the bill became law he would encourage abortion protesters to disobey it.

He compared the bill to efforts to stop the civil rights movement in the 1950s and 1960s and to the anti-slavery movement, saying those campaigns were successful only after opponents used "the force of government" to jail protesters for expressing their views.

A 26-12 vote sent the bill to the Assembly.

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