ORDER

ABORTION INDUSTRY IN MELBOURNE, FLORIDA
LAWSUITS
SMITH V MCDOUGALL
DOCKET / CHRONOLOGICAL FILE
ORDER

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
CASE NO. 2:99-385-CIV-FTM-21D

ROBERT SMITH, et al.,
Plaintiffs,
v.
JOHN McDOUGALL, individually and as SHERIFF OF LEE COUNTY, FLORIDA, et al.,
Defendants.

ORDER

This cause came on consideration of Defendant's Motion to Dismiss (Dkt. 5). This matter was considered by the Magistrate Judge, pursuant to the general order of assignment, who has filed a report recommending that the case be dismissed. The court has considered the Report and recommendation (Dkt. 13) of the Magistrate Judge, the objections thereto (Dkt. 15), and the applicable authorities.

Plaintiffs purport to base their claims exclusively on the Freedom of Access to Clinic Entrances Act (the "Act"). Plaintiffs are patently not encompassed within the category of persons authorized by the Act to assert claims thereunder. Even assuming the services the plaintiffs were providing fall within the meaning of "reproductive health services" under 18 U.S.C. 248(e)(5), a right of action under the Act most certainly does not extend to "sidewalk counselors" who have no nexus or relationship with the facility[1] but neverless seek ti insinuate themselves into the facility so that they can provide counseling to those they seek to confront. Such is certainly not within either the language or the sptrit of the Act.

The Court agrees with the analysis, findings, and conclusions of the Report and Reccomendation and will adopt the same as the Court's own.

Upon consideration of the foregoing, it is hereby ORDERED:

1. Plaintiff's objections to the Magistrate Judge's Report and Reccomendation are overruled and the said Report and Recommendation is hereby adopted by the Court.

2. Defendant's Motion to Dismiss (Dkt. 5) is GRANTED and the Plaintiff's Complaint is dismissed.

The Clerk is DIRECTED to close this file.

DONE AND ORDERED, at Jacksonville, Florida, this 7th day of July, 2000.

RALPH W. NIMMONS, JR. (signed)
UNITED STATES DISTRICT JUDGE

FOOTNOTES

[1] Section 248(e)(1) defines "facility" as follows:

(1) Facility. - The term "facility" includes a hospital, clinic, physician's office, or other facility that provides reproductive health services, and includes the building or structure in which the facility is located.