Also available in PDF format.
Every year the number of abortion providers drops because of intimidation tactics and the lack of trained doctors. In a most recent case, local government authorities attempted to prevent Dr. Pendergraft from providing abortion services in Ocala from the beginning. When these attempts proved unsuccessful, federal authorities became involved.
Dr. Pendergraft's background
Dr. Pendergraft is a board certified obstetrician/ gynecologist with specialty training in high-risk pregnancy. Since, he has always held himself to the highest standards, it is no surprise that he topped his medical school classes and was consistently at the top in all national level exams. His first-hand experiences in medical school with women dying from backstreet abortions created an intense commitment to women's health and the right to safe abortion. Although, the number of abortion providers drops each year (18% last year) due to threats and intimidation tactics, Dr. Pendergraft does what is needed to continue providing safe abortion services to women, in a state where 2 physicians were murdered for performing abortions. Dr. Pendergraft has to wear a bullet-proof vest and helmet, dodge in and out of clinics, live with constant threats, and even fight the local government. When asked by a reporter if abortion is a cause worth dying for he says "I guess so.." He adds softly, "I hope I do not die."
Decision to come to Ocala
The women in Ocala did not have access to local abortion services since 1989 when the local abortion clinic was destroyed by arson-fire-torched twice within one week. Dr. Pendergraft discovered that young, economically disadvantaged women were driving to Orlando to obtain abortion, so he decided to open Ocala Women's Center.
County Commission says " Do not come to Ocala "
After the building was purchased, Dr. Pendergraft received a letter from the Board of Marion County Commissioners saying that their community has been free from the kind of controversy an abortion clinic might create and therefore he should reconsider coming to Ocala at all. On the County Commission Meeting tape that led to the letter one can hear discussion about abortion being morally wrong. Additionally, the discussion compares Dr. Pendergraft's arrival to that of a pedophile or a pornographer in the community.
Police department and Sheriff's Department say "No off-duty police officers for you"
On the day Ocala Women's Center opened, the Ocala Star Banner announced that the City Police had decided not to allow off-duty police to work in Dr. Pendergraft's clinic. On requesting off-duty officers he found that the Police Department Chief had decided to forbid off-duty police from working for the clinic, although they routinely provide off-duty officers to other area businesses. The Police department said that they did not want their officers to be seen associated with "adversarial circumstances" and supporting a controversial issue like abortion.
Protestors have a field day without any law enforcement officials on site
Without law enforcement officials, protestors have been free to aggressively harass doctors, staff and patients. Unchecked, protestors routinely approach patients and staff within 2 feet and invade their Right to Privacy by blocking the entrance with signs and paraphernalia, obstructing the driveway, shouting obscenities, photographing/videoing patients and staff, peering in the car windows and copying their license plates. They parade around with signs of aborted fetuses or pushing carriages with ketchup-covered dolls. Patients and staff alike are completely shaken from the experience of entering the clinic.
A number of car accidents have occurred on the street corner where the protests take place.
Dr. Pendergraft files a lawsuit against Ocala City and anti-abortion protestors on behalf of staff and patients and against Marion County for intimidation tactics
Realizing that the requests for protection were futile, Dr. Pendergraft filed a lawsuit against the City of Ocala for failing to protect his employees and patients, and against the anti-abortion protestors for their harassment tactics. Dr. Pendergraft said " The reason why I am filing this lawsuit is because we are not getting any protection from government bodies to protect a woman's constitutional right to come and have a termination (of pregnancy) performed" . This lawsuit asked for 1) the City to allow off-duty police officers to work at the clinic, and 2) for the City to enforce a buffer zone so that protestors were not invading the privacy and endangering his patients/ staff. He also filed a lawsuit against Marion County for using intimidation tactics.
In a preliminary injunction Judge Hodges denies the buffer zone but grants that off-duty police officers be allowed to work at clinic. In response, the City Police Department comes up with new obstacles.
On order from a judge to provide off-duty police, the police department immediately raised the fee from $15/hr to $28/hr and created a new contract asking the clinic to waive its right to a jury trial in any civil action, counter claim or proceeding regarding the agreement.
After unsuccessful attempts by local government authorities, the federal authorities take action
At this point local government authorities persuaded the federal government that Dr. Pendergrafts claims in the lawsuit are false and that his intent is really to extort the government for monetary gain. In June of 2000, Dr. Pendergraft was indicted by the Federal government. The indictment claims in an unprecedented legal maneuver that Dr. Pendergraft's lawsuit, which sought protection for himself, his staff and patients was a wrongful attempt to obtain money from Marion County by threat of economic loss. He is officially charged with conspiring to commit extortion and mail fraud, and submitting false statements. He is facing a sentence of up to 30 years, loss of his medical license and a fine in excess of $1,000,000. If found guilty, his five clinics in Florida will be in serious jeopardy of closing. This will cause a substantial decrease in access to abortion services for women not only from Florida, but across the southeastern United States...
Courtesy of Right to Fight Coalition
www.righttofight.org
1-800-874-7792 (press 0)
[posted 8/30/00]
Reproductive Freedom Index | R&R Main Page
Join Refuse
& Resist!
305 Madison Ave., Suite 1166, New York, NY 10165
Phone: 212-713-5657
email: info@refuseandresist.org