Pro-life activists to challenge new (illegal?) fence around Washington, DC, Planned Parenthood

Jill Stanek.com ^ | 05/28/2010 | Jill Stanek

[Pyro7480]

Planned Parenthood at 1108 16th Street NW in Washington, DC is the abortion mecca-mill where pro-lifers by the hundreds pray and protest during the annual March for Life every January, for instance in 2009....

But here's how the front of that PP looks today, 3 weeks after it suddenly posted a fence, gate, and "Private Property: No Trespassing" sign:

Now Rev. Pat Mahoney of the Christian Defense Coalition will challenge what appears to be PP's flagrant attempt to deny the bothersome 1st Amendment rights of pro-lifers.

Mahoney (pictured left) has applied for a permit to protest to hold a prayer vigil on the public sidewalk leading to the entrance of that PP on June 8 at 11a.

"We've researched, and there has been no changeover of the land," Mahoney told me by phone. "It appears PP was tired of pro-lifers giving out literature and praying and unilaterally decided to erect a fence."

Since the fence went up PP has called DC police to have sidewalk counselors arrested. "There's real confusion on the part of the police department," said Mahoney. "We're hoping our permit application will force the police department and legal counsel to conduct proper research."

Whether Mahoney receives his permit or is turned down, he plans to pray on the sidewalk in front of the mill on June 8. "And then we would fight the fence in 2 ways, via the court system if we are falsely arrested and by seeking injunctive relief....

[Pyro7480]

More dirty tactics by PP.

I've taken part in 40 Days for Life and other pro-life demonstrations over the years and stood on that grass multiple times. If they put up the fence illegally, I hope they get penalized.

[Dr. Sivana]

They don't like getting this (same office):

[MNDude]

I thought liberals hate fences.

Isn’t there that thing about “build a 50 foot fence and someone will bring a 51 foot ladder”?

[Secret Agent Man]

The sidewalk in front of PP’s fence is public property. They aren’t going to win that. When you can’t repair it on your own, or the city repairs it and bills you, or decides when you live in an area that doesn’t have sidewalks but then they put them in across your front yard, it’s public property. They can keep them off their side of the fence, not the public side.

[muawiyah]

From satellite it looks like part of their lot, not part of the public right of way. The front lot line is consistent with the front lot lines in the entire block.

Now, who owns the building next door?

[Secret Agent Man]

Double standards are inherent in liberalism.

[stuartcr]

They got no right calling their property private.

[WayneS]

It looks to me like the fence is on their property.

If all their local building permits, etc. are in order then I think they are within their rights to erect the fence.

[Pyro7480]

Apparently, that is not the case. The post I excerpted above continues:

Mahoney has quite a history with this particular PP and trespassing wars dating back to the 1980s.

"For years PP said the sidewalk leading up to PP about 45 feet and grassy area on either side was private, so we abided," said Mahoney.

Then in the 1990s when Mahoney's group was convicted of a FACE violation they discovered the property wasn't private after all during litigation.

"So for the past 10 or 15 years hundreds and thousands of people have prayed and protested in the very area PP now claims is not public but private," said Mahoney.

[muawiyah]

Hmm ~ maybe it's time for another title search ~ sometimes you'll find that sewer lines are built in easements immediately in front of buildings/houses that retain their character as private property, so if you don't watch the maps and descriptions carefully you might confuse who owns what. Alternatively, the road itself may even be in such an easement.

Every variety of deal has been exercised in the DC area so it's always wise to check twice.

In looking at the satellite picture I get the impression there's a pretty clearly established property line along the whole block and the PP setbacks are inside the line.

I'd acquire the neighboring property and set up systems to monitor conversations next door.

[Pyro7480]

One of the commenters on Jill Stanek's website linked to the DC Zoning map: http://atlas.dcoz.dc.gov/DCZoningMap/. You can enter the address above and take a peek.

[MEGoody]

Seems like they can still protest and pray along the sidewalk in front of PP - they just can’t get close to the door. Or am I missing something?

[trisham]

bump!

[chris_bdba]

If they really wanted to mess with them they could buy a lock and lock it every night for them. :)

[muawiyah]

Zoning maps are not as good as a title search by a reliable title search lawyer.

[truthserum]

The District charged Reverend Mahoney with UNLAWFUL ENTRY on PRIVATE PROPERTY. The Office of the US Attorney, which prosecutes crimes in the District, refused to prosecute the offense.

Reverend Mahoney and others plan to return to this publicly owned space in August to conduct further prayer vigil and witness activity. It will of interest whether the District continues to act ILLEGALLY by arresting demonstrators for an offense they cannot — technically, legally — commit, given that the space is publicly owned, they cannot commit trespass to private property or unlawful entry by being on that property.

The definitive answer on this issue comes from the District’s own Public Spaces Branch (part of the District’s Department of Transportation). The PSB maintains a database inventory of publicly owned property. On our request to review that inventory, three separate employees of the PSB confirmed that the District, NOT PP, owns the space in question.

[muawiyah]

http://www.freerepublic.com/focus/f-news/2570537/posts DC finally admits error on where the lot lines are.