PLAINTIFF'S RESPONSE TO MOTION FOR CERTIFICATION OF INTERLOCUTORY APPEAL

ABORTION INDUSTRY IN MELBOURNE, FLORIDA
LAWSUITS
RANEY V AWARE WOMAN
DOCKET / CHRONOLOGICAL FILE
PLAINTIFF'S RESPONSE TO MOTION FOR CERTIFICATION OF INTERLOCUTORY APPEAL

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
CASE NO. 97-1197-CIV-ORL-19B

MEREDITH T. RANEY, JR. ,
Plaintiff,
vs.
AWARE WOMAN CENTER FOR
CHOICE, INC. , a Florida Corporation,
EDWARD W. WINDLE, JR. , and
PATRICIA B. WINDLE.
Defendants.

PLAINTIFF'S RESPONSE TO MOTION FOR CERTIFICATION OF INTERLOCUTORY APPEAL

COMES NOW the Plaintiff, Meredith T. Raney, Jr., by and through his undersigned attorney, who responds to the Motion For Certification of Interlocutory Appeal filed by the Defendants, saying:

1. Defendants have intentionally misstated the obvious facts of this case, such as the fact that the Plaintiff was shown in the videos of the incidents in question to be within the public pedestrian right of way or the sidewalk of 1564 Dixie Way, Melbourne, Florida and not "in the open street" as Defendants have stated in the referenced motion: this misstatement is intended to mislead the Court and prejudice the Court against the Plaintiff.

2. Defendants have misinformed the Court about the nature of Plaintiff's action; Mr. Raney is not pursuing any false arrest claims against the Defendants or anyone else, for that matter. This is strictly a FACE action.

3. The United States Supreme Court, in deciding Schenck et al. v. Pro Choice Network Of Western New York et al., No. 95-1065., approved of separate, preferential, treatment for pro-life counselors as distinguished from anti-abortion protestors. However, there is no indication that the United States Supreme Court would expect FACE to be applied or withheld on the basis of the counselor's belief.

WHEREFORE, the Motion For Certification of Interlocutory Appeal should be denied.

Respectfully submitted,
Christopher F. Sapp <signed>
PO Box 1012
Lehigh Acres, Florida 33970
(941) 368-3922
Florida Bar No.: 0097823
Attorney for Plaintiff

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to Roy Lucas, Esquire, Post Office Box 1433, Melbourne, Florida 32902, Susan England, Esquire, 2805 Lakeview Drive, Fern Park, Florida 32730 and to Lawrence M. Siff, Esquire, O'Connor & Meyers, PA, 2801 Ponce de Leon Blvd., 9th Floor, (Coral Gables) Miami, Florida 33134 this 6th day of January, 1999.

Christopher F. Sapp <signed>
Attorney