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UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

UNITED STATES OF AMERICA, Plaintiff,
v.
ARCHIE BROWN, Defendant

C.A. No. 3:97-CV-1423-R

CONSENT DECREE

I. INTRODUCTION

A. This civil action was instituted by the United States of America, Plaintiff, on June 13, 1997, pursuant to the Freedom of Access to Clinic Entrances Act of 1994, 18 U.S.C. § 248 (the FACE).

B. Defendant Archie Brown, an individual residing within the jurisdiction of this Court, was sued for engaging in conduct prohibited by FACE at Routh Street Women's Center ("RSWC"), a location also within the jurisdiction of this Court.

C. This Court has subject-matter jurisdiction over this action pursuant to 28 U.S.C. § 1345 and 18 U.S.C. § 248(c)(2).

D. Venue is appropriate pursuant to 28 U.S.C. § 1391(b)(1) and (b)(2).

E. In entering into this Consent Decree, Defendant Brown does not admit any violation of law, and this Consent Decree may not be used as evidence of liability under FACE.

F. Any violation of the provisions of this Consent Decree does not create a private right of action. This Consent Decree is enforceable only by the Parties.

G. By the terms of this Consent Decree, the Parties have reached a full and complete settlement of the claims and issues raised in this case. The provisions set forth below in this Consent Decree will remain in full force and effect and be enforceable by the Court regardless of the outcome of any prospective litigation involving any non-parties.

H. The provisions of this Consent Decree are a lawful, fair, and reasonable resolution of the claims and issues raised in this case.

II. DEFINITIONS

As used in this Consent Decree, the following definitions shall apply:

A. "Interfere with" means to restrict a person's freedom of movement.

B. "Intimidate" means to place a person in reasonable apprehension of bodily harm to himself or herself, or to another.

C. "Reproductive health services" means reproductive health services provided in a hospital, clinic, physician's office, or other facility, and includes medical, surgical, counselling, or referral services relating to the human reproductive system, including services relating to pregnancy or the termination of pregnancy.

D. "RSWC" means the Routh Street Women's Center, located at 4321 North Central Expressway, Dallas, Texas.

E. References to Defendant Brown include any person acting as his agent or employee.

III. OBLIGATIONS AND RESPONSIBILITIES

Defendant Brown is permanently enjoined from committing any or all of the following acts and from aiding, abetting, directing or inciting others to commit any of the following acts:

A. Using force or threats of force to interfere with or intimidate employees or patients of RSWC, in violation of FACE;

B. Intentionally damaging or destroying RSWC, or attempting to do so, in violation of FACE;

C. Being physically located within 50 feet of RSWC's property line; and

D. Engaging in conduct that violates FACE anywhere.

IV. ENFORCEMENT

A. The Court shall retain jurisdiction under this Consent Decree and may order such relief as necessary to ensure full compliance by Defendant Brown.

B. The United States may seek enforcement of this Consent Decree or any other appropriate legal remedy from the Court, at any time, in the event that the United States determines that Defendant Brown has failed to comply with any provision of the Consent Decree.

C. The Parties reserve the right to withdraw their consent to this agreement in the event that this Consent Decree is not approved by the Court in its entirety.

AGREED TO BY PLAINTIFF THE UNITED STATES OF AMERICA:

September ___, 1997

JANET RENO, Attorney General of the United States

PAUL E. COGGINS ISABELLE KATZ PINZLER

United States Attorney Acting Assistant Attorney General

Northern District of Civil Rights Division

Texas

STEVEN H. ROSENBAUM, Chief, Special Litigation Section, Civil Rights Division

MELLIE H. NELSON, Deputy Chief, Special Litigation Section

__________________________

MARY ANN KILGO
Texas Bar No. 14360400
Assistant U.S. Attorney
1100 Commerce Street
Third Floor
Dallas, TX 75242-1699
(214) 767-8781

PAMELA K. CHEN, Trial Attorney, Special Litigation Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66400
Washington, D.C. 20035-6400
(202) 514-6261

AGREED TO BY DEFENDANT ARCHIE BROWN:

__________________________ September ___, 1997.

ARCHIE BROWN

AGREED TO BY COUNSEL FOR DEFENDANT ARCHIE BROWN:

__________________________ September ___, 1997.

Douglas D. Fletcher, Esq.

State Bar No. 07139500

Fletcher & Springer, L.L.P.

9400 North Central Expressway

Suite 1400

Dallas, Texas 75231

214/987-9600

General Information Special Litigation Section
 
Leadership
Jonathan M. Smith
Chief
Contact
Special Litigation Section
(202) 514-6255
toll-free at (877) 218-5228

FAX - (202) 514-0212
Alt. FAX - (202) 514-6273
Email - Special.Litigation@usdoj.gov
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