The J Street five.

PEOPLE STROLLING down J Street may have been puzzled by two bold pink chalk marks some fifty feet apart. While free speech normally applies on the public sidewalks of the state capital, special rules prevail between these lines.

The space lies in front of the Feminist Women's Health Clinic (FWHC), one of a chain of abortion clinics. According to a New West article by Kathy McManus, directors of the feminist clinics "are among the first to avow-proudly-that the clinics are primarily political organizations." One of their job-application forms reads: "Our clinics give us an economic base from which to confront the male power structure to achieve radical social change." The Sacramento branch advertises itself as an "Abortion Birth Control Clinic," and distributes a bumper sticker that says: "Not Every Ejaculation Deserves a Name."

For several years, Don Blythe, Jay Bagett, Murray Lewis, Theresa Reali, and John Stoos would periodically appear outside the clinic to counsel women about alternatives to abortion. The group, dubbed the "J Street Five," are now defendants in FWHC v. Blythe et al. Before their involvement in this suit, the Five had only a passing acquaintance with each other. They had not been acting in concert. Only one was affiliated with Operation Rescue (OR), and he did not participate in any blockading of the clinic.

"Our behavior was totally within the law at all times," says defendant Jay Baggett. "We scrupulously obeyed the injunctions even though we didn't think they were right." The Five sought only to talk to the women about alternatives and to give them literature offering free help.

PROSPECTIVE FWHC customers would certainly be advised to listen. The medical director of the Sacramento clinic is Dr. Bruce Steir, who describes himself as "a very good physician and a very good abortion provider." In 1985 Steir botched a Caesarean section, leaving a portion of the placenta inside the patient. When the case eventually came before the California Board of Medical Quality Assurance (BMQA), it placed Steir on a five-year probation period for "unprofessional conduct." Under the terms of his probation, he could not perform abortions in a hospital. The state's standards, however, allow him to perform abortions in clinics, where oversight is less stringent.

Steir contended that the charges against him were largely political, proceeding from "right-wing, self-righteous, ex-Alcoholics Anonymous, Catholic-all the things you don't want to deal with when you're an abortion provider."

On July 23, 1988, six days after agreeing to the terms of his probation, Steir perforated the uterus of a patient at a San Francisco abortion clinic. Steir neglected the patient and, according to the BMQA report, "made no operative report or post-operative report until approximately eight months later, and this was in response to an investigation" (emphasis in the original). The board charged Steir with "gross negligence."

Steir also left a four-inch piece of wire from a broken surgical instrument in a woman's abdomen and failed to inform her. He also lied about past malpractice while attempting to gain employment at two Bay Area hospitals in 1988. In April 1991, the BMQA petitioned the state attorney general to revoke Steir's license to practice medicine.

It would seem that the FWHC's paying clients would have some "right to know" such facts. Shauna Heckert, administrator of the Sacramento clinic, is fully aware of Steir's record but has kept the good doctor on staff.

In January 1989, the FWHC applied for a court injunction against the sidewalk counselors. FWHC attorneys sought to have the counselors banished from all areas in the "line of sight" of the clinic. Judge James T. Ford refused that request but banned them from a 51-foot section of public sidewalk.

Three of the Five have not been to the clinic in nearly two years. Two others continued to counsel pregnant women. The FW-HC and its defenders were not amused. They baited the counselors, spit on them, and tossed blankets over their heads. Judge Ford, whose wife teaches in the Women's Studies department of Sacramento City College, denied their counter-motion for relief from such attacks.

On July 2, 1991, Judge James L. Long granted a permanent injunction against the pro-life counselors. Long also agreed to consider an FWHC motion for an award of $136,000 in legal fees. We're going to take everything you have. We will bankrupt you," Shauna Heckert told defendants Murray Lewis and Don Blythe.

On August 29, Judge Long ruled that "the state has a compelling interest to ensure that a woman has the ability to effectuate her decision within the limits specified in Roe, and do so with the least harassment possible." Long thus granted most of the FWHC's request, ruling that the Five had to pay $99,100 in "private attorney general's fees" to FWHC counsel Mark Merin.

Such fees are normally awarded when a party pursues a case on behalf of a public interest. A party with a financial interest in the case is normally not entitled to such fees, and the FWHC has a definite financial stake in the proceedings. After all, every woman turned away represents a loss of revenue. Tax forms reveal income of over $2 million for FWHC operations in the area last year.

While the Five were banished from the public sidewalk, pro-abortion forces held large rallies in the same place. The noise from these demonstrations apparently did not bother FWHC staff or clients. For the Five it was more evidence that the real issue was not their behavior but the content of their message.

The judge refused to admit video and photographic evidence from the counselors. He also refused to consider Clinic Defense: A Model, published by the Bay and Sacramento "Coalition against Operation Rescue." A co-author of the manual is Allison Gude, the FWHC's "Clinic Escort Coordinator" and chief witness against the Five. This revealing document provides instructions for "hits" on "ORs." Samples:

"Even if the sidewalk is public,' we've had success at putting enough of us out, early enough, to bully the [prolifers] into staying across the street."

- There are innumerable instances of clinic defenders neutralizing male ORs by shouting, Get your hands off me, don't you dare touch me,' all the while they are tugging or pushing OR out of line."

"Our best work is done before police arrive, or when there are not enough police to prevent us from doing what we have to do. Get in place before the cops can mess with it; establish balance of power early; do key acts requiring physical contact as much as possible before cops have enough people to intervene."

"Singing goddess songs while they do their Hail Marys is a lovely way to affirm an alternative view of appropriate religious activities."

Besides the usual boilerplate ("fascist p---k," "f---ing bitch," KKK," "Bircher," etc.), the clinic escorts have chanted such lines as: "The goddess lives here in my body," "Masturbation can be fun," and "Jesus was an olive-skinned gay Jewish healer."

THE FIVE have appealed the monetary award. FWHC attorneys threaten a move to collect the fees immediately unless the defendants post a $200,000 bond. Michael Imfeld, attorney for the Five, perceives a chilling effect on free speech if those involved in lawful activity can be threatened with damages in this way.

Jay Baggett reports that the chalk marks have been replaced with "permanent" strips of tape. The lines have been drawn and the case could go all the way to the Supreme Court.