Family fined in first conviction under N.Y. abortion clinic-access law

By The Associated Press

09.01.01

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SYRACUSE, N.Y. — In the first ruling based on the state's new abortion clinic-access law, a federal judge has imposed $80,000 in fines on a couple and their two adult daughters for repeatedly violating the law.

U.S. District Judge David Hurd in Utica also permanently barred Victoria and Joseph Kraeger and their daughters from trespassing at any abortion clinic in northern New York and upheld the legality of establishing buffer zones to protect patients and staff at the Planned Parenthood clinic in Utica.

The Lewis County family "frequently walks on the line separating lawful from the unlawful exercise of their First Amendment rights," Hurd wrote in a 35-page decision that was filed Aug. 24.

"They have crossed over that line too many times to allow such conduct to go unaddressed," Hurd said. "While the defendants seek to exercise their right to protest, they do not respect the rights of the people they come in contact with. As a result, the defendants must be penalized and their activities curbed."

Even without seeing Hurd's ruling, defense attorney John Broderick said the Kraegers would appeal the decision.

"My clients did not harass anyone," Broderick said Aug. 27.

"A dollar would be too stiff if you're not doing anything wrong," Broderick added, taking exception to the size of the fines against the Kraegers.

Hurd ordered Joseph Kraeger of Port Leyden to pay $20,000 in statutory damages and civil penalties and imposed $30,000 in fines on Kraeger's wife, Victoria.

The judge imposed $17,500 in fines on Sherri Kraeger and $12,500 on Vicki Jo Syverson.

"This case was not about silencing people wishing to voice their opinion," said Attorney General Eliot Spitzer. "It was about preventing violence by individuals who repeatedly crossed the line from vigorous advocacy to physical obstruction and harassment."

During a three-day, non-jury trial in July, state prosecutors said the Kraegers and their daughters had been violating state and federal laws for years. Prosecutors said their actions included delivering a package that looked like a bomb to a local health clinic, posting signs offering "rewards" for the identification of clinic staffers, regularly accosting and blocking patients as they approached the clinic and chasing and yelling at patients and staff leaving the clinic.

At the end of the trial, Broderick summed up the accusations as "almost laughable." He argued that state prosecutors were trying to restrict the family's First Amendment right to free speech and assembly.

The clinic-access law was approved by the governor and state Legislature last year. It is designed to restrict the activities of abortion demonstrators so they do not disrupt the operations of clinics or harass patients and staffers

The access law brought New York state in line with federal law on when people can be punished for restricting access or attempting to restrict access of others to abortion clinics.

Margaret Roberts of Utica Planned Parenthood said officials there were extremely pleased with Hurd's decision.

"The thing that makes this such a good decision is it certainly strikes a very good balance of freedom of speech and access to health care for everyone," she said.

"These four people have been intimidating staff and visitors for many years now. That is lawlessness and they can't do that. But they certainly have the right to express their opinion, and within the confines of the buffer zone they can do that, so this is a very good balance," she said.

Hurd's decision also was praised by Family Planning Advocates of New York State, a statewide reproductive health advocacy group.

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First action filed under N.Y. abortion clinic-access law
State attorney general is asking federal judge to prohibit family of anti-abortion activists from getting within 15 feet of Planned Parenthood entrances.  02.22.01