Protesters arrested under disputed law

The Winter Park ordinance banning protests outside of homes of residents faced its first challenge May 18, as three anti-abortion protestors were arrested in front of Winter Park Memorial Hospital.

The Winter Park police arrived at the scene after a Winter Park resident reported noise disturbances.

“We received a complaint that protest activity was taking place in the 1400 block of Aloma Avenue,” Lt. Tom Pearson of the Winter Park Police Department said. “We have a recently, from last fall, enacted a city ordinance prohibiting picketing in certain forms. Unfortunately, those who were present were in violation of that city ordinance and were placed under arrest by the responding officers.”

The noise disturbances were called in by Madeline Pots, a Winter Park resident who lives just a few blocks away from Planned Parenthood of Greater Orlando CEO Jenna Tosh, the target of the protests that led to the anti-picketing ordinance.

These are the first and only arrests that the police have made since the ordinance was passed, Lt. Pearson said.

He also said it was his understanding that the arrested individuals were warned on two other occasions since the passing of the ordinance to keep their distance from the residence.

The ordinance was originally brought about as a result of roughly 30 anti-abortion protesters picketing outside of Tosh’s home last August.

Tosh reportedly felt “threatened and ambushed,” and the city enacted an emergency 60-day ordinance that night, banning protests within 50 feet of residential homes. The ordinance was made permanent as of Sept. 10.

In response to the passing of the ordinance, a group of anti-abortion activists, including Winnifred Bell, Allura Lightfoot and Deanna Waller, filed a lawsuit in October against Winter Park Police Chief Brett Railey and members of the City Commission, believing that it was unconstitutional.

Last March, the lawsuit went before Federal District Court Judge Roy B. Dalton Jr., who dismissed it and granted the city’s motion to drop the case, ruling that the ordinance was facially constitutional.

Dalton pointed out that protestors still had the ability to express their views in a variety of different avenues.

“Protesters may still enter residential neighborhoods in the city, alone or in groups, even marching,” Judge Dalton said. “They may go door-to-door to proselytize their views. They may distribute literature. They may camp out and form a picket line 51 feet away from the targeted residence, or down the street.”

“If all that is not enough, they may apply to the city manager for even more space to protest abutting a residential zone, which the city manager must grant.”

In early April, the plaintiffs from the previous lawsuit filed a notice of appeal, and will be filing a brief in due course in the 11th U. S. Circuit Court of Appeals in Atlanta, Ga., said Winter Park City Attorney Larry Brown.

“The city is confident that Judge Dalton’s ruling that upheld the constitutionality of the city’s ordinance will be affirmed,” Brown said. “In the meantime, the city will enforce the ordinance.”

Members of the anti-abortion group who filed the lawsuit did not respond to requests for comment.

The individuals apprehended during the May 18 arrests have yet to be tried for their misdemeanor cases.