White

MEMORANDUM RE PRELIMINARY INJUNCTION AND ORDER DENYING MOTIONS TO DISMISS

Plaintiff United States of America moved this Court for a preliminary injunction pursu ant to the Freedom of Access to Clinic Entrances Act of 1994 (“FACE”), 18 U.S.C. § 248 , Fed.R.Civ.P. 65, and Local Rule 7.17. The United States requested that the Court enjoin defendants Jeffrey White, Joseph Foreman, Bryan Kemper, their agents, servants, employees, and all individuals acting in concert with them from, among other things, using force or threats of force to interfere with or intimidate Dr. Michael Morris or his wife, Sarah Morris, in violation of the FACE statute.

Defendants opposed the motion based on Congress’ lack of authority to enact FACE under the Commerce Clause of the Constitution and Section 5 of the Fourteenth Amendment, as well as on First Amendment grounds. Defendants also moved to dismiss the complaint for failure to name as indispensable parties Attorney General Janet Reno and Dr. Michael Morris. In addition, defendants moved to dismiss for failure to state a claim on the same Commerce Clause and Fourteenth Amendment grounds set forth in their opposition to the motion for a preliminary…