PRESS RELEASE, 10/27/99

ABORTION INDUSTRY IN MELBOURNE, FLORIDA
LAWSUITS
AWARE WOMAN V RANEY
DOCKET / CHRONOLOGICAL FILE
PRESS RELEASE, 10/27/99

American Family Association Center for law & policy
P.O. Drawer 2440
Tupelo, Mississippi 38803

FOR IMMEDIATE RELEASE

October 27, 1999 Contact: Brian Fahling, Senior Trial Atty., 662/680-3886

FEDERAL COURT ORDERS ABORTION CLINIC TO PAY PRO-LIFE ADVOCATE'S LEGAL FEES

Tupelo, MS - The American Family Association Center for Law & Policy ("CL&P) today applauded a ruling by a federal district court judge in Orlando, Florida who has ordered an abortion clinic, doctors, and employees to pay the legal fees and costs of Mark Hall, a pro-life advocate who had been sued by Aware Woman Center for Choice located in Melbourne, Florida. The clinic, which is no longer in business, was joined in the lawsuit by abortion doctors and clinic employees. Mr. Hall, represented by CL&P, was one of a number of pro-life advocates who had been sued by the clinic last spring. The lawsuit was recently dismissed by the court and CL&P attorneys then sought to recover their fees and litigation costs.

According to CL&P Senior Trial Attorney Brian Fahling, the lawsuit filed by the clinic against Mr. Hall and other defendants appeared to be a "a pro-abortion temper tantrum directed at pro-life advocates." Fahling stated that the complaint filed by the clinic against Mr. Hall and the other defendants was "nothing more than fifty-six pages and one-hundred ninety-six paragraphs of polemical outbursts by the plaintiffs." Fahling also noted that the clinic and its co- plaintiffs had alleged conspiracies, racketeering, invasions of privacy, violations of federal civil rights laws, and a host of other claims against the defendants. According to the order entered by federal district court G. Kendall Sharp, the plaintiffs' failure to prosecute the lawsuit "imposed a significant cost upon Mr. Hall and constitute[d] vexatious conduct sufficient to warrant an award of costs and attorneys' fees for Mr. Hall." In awarding attorneys fees, the court noted that Mr. Hall "mounted a vigorous defense."

Commenting on the award of attorneys fees, Bryan J. Brown, staff attorney for CL&P stated "this is a just end to litigation that never should have been brought." Brown also noted that the clinic and other plaintiffs were represented by attorney Roy Lucas whose law review article in the late 1960's provided the legal theory which was adopted by the Supreme Court in its 1973 Roe v. Wade decision legalizing abortion.

The AFA Center for Law & Policy is the legal arm of the American Family Association, Inc., located in Tupelo, Mississippi and Washington, D.C. The CL&P restricts its practice to constitutional litigation in state and federal courts throughout the country.