Blythe

In this appeal from a judgment granting a permanent injunction imposing time, place and manner restrictions on the activities of antiabortion demonstrators at plaintiff’s Sacramento clinic, and from an order awarding attorney fees to plaintiff pursuant to Code of Civil Procedure section 1021.5, we reject defendants’ various challenges to the propriety and scope of the injunction. As we shall explain, the evidence supports a finding that defendants’ conduct posed a significant threat of harm to plaintiffs patients, infringed upon the patients’ right to privacy, and would continue if not enjoined permanently; the designation of a “speech free zone” in front of plaintiffs clinic and the building’s private parking lot driveway was based *1551 not upon the content of defendants’ speech but upon conduct of defendants which was unprotected by the First Amendment to the United States Constitution and article I, section 2 of the California Constitution; and the injunction was tailored narrowly to protect the patients’ privacy interest while providing defendants with ample opportunity to communicate their antiabortion message.

We also uphold the attorney fee order as to all…

I concur in the opinion of the court to the extent it affirms the judgment granting plaintiff a permanent injunction and reverses the order awarding plaintiff attorney fees as against defendants John Walker and Operation Rescue. I dissent from the affirmance of the trial court’s order awarding plaintiff attorney fees against the answering defendants.

Defendants attack the order for attorney fees on two grounds: (1) plaintiff failed to establish the financial burden of private enforcement is disproportionately greater than its stake in the litigation and (2) the award of attorney fees in these circumstances unconstitutionally burdens defendants’ rights of free speech. I agree the order is infirm on both grounds.

I

Code of Civil Procedure section 1021.5 permits the award of attorney fees to a successful party in any action resulting in “the enforcement of an important right affecting the public interest if: (a) a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of persons, (b) the necessity and financial burden of private enforcement are such as to make the award appropriate, and (c) such fees should not in the…

[Opinion certified for partial publication. [**] ]

OPINION

SCOTLAND, J.

In this appeal from a judgment granting a permanent injunction imposing time, place and manner restrictions on the activities of antiabortion demonstrators at plaintiff's Sacramento clinic, and from an order awarding attorney fees to plaintiff pursuant to Code of Civil Procedure section 1021.5, we reject defendants' various challenges to the propriety and scope of the injunction. As we shall explain, the evidence supports a finding that defendants' conduct posed a significant threat of harm to plaintiff's patients, infringed upon the patients' right to privacy, and would continue if not enjoined permanently; the designation of a "speech free zone" in front of plaintiff's clinic and the building's private parking lot driveway was based not upon the content of defendants' speech but upon conduct of defendants which was unprotected by the First Amendment to the United States Constitution and article I, section 2 of the California Constitution; and the injunction was tailored narrowly to protect the patients' privacy interest while providing defendants with ample opportunity to communicate their antiabortion…