8.

FACE Civil Remedies

The same conduct can lead to criminal or civil liability under FACE. FACE allows any aggrieved person, the Attorney General of the United States, and/or a state attorney general to commence a civil action in the appropriate United States District Court. 18 U.S.C. § 248(c). An aggrieved person, as defined by § 248(a) of the statute, may bring an action seeking "temporary, preliminary or permanent injunctive relief and compensatory and punitive damages . . . ." Id. at § 248(c)(1)(B). In lieu of actual damages, statutory damages in the amount of $5,000 per violation may be sought. Id. NOTE: The Senate Report states that those entitled to sue as an "aggrieved person" include patients, physicians, clinic staff and escorts, as well as any other individuals injured in the course of assisting patients or staff in gaining access to the facility. S. Rep. No. 117, 103d Cong., 1st Sess. 26 (1993). The Attorney General may initiate a lawsuit, or intervene in an ongoing civil FACE action, if he/she has reasonable cause to believe that a violation of the statute has occurred. Id. at § 248(c)(2). The legislative history emphasizes the importance of the Attorney General's role in enforcing FACE: [I]t is very important that the Attorney General have authority to file a civil action. This approach follows the model of other statutes protecting individual rights . . . by shifting the burden of civil enforcement from private victims to the government, which is often better able to pursue such cases and vindicate the enormous interest that our society has in protecting individual rights. S.Rep. No. 103-117, 103rd Cong., 1st Sess. 26-27 (1993). Indeed, under FACE, only the Attorney General (or a state attorney general), may request the imposition of civil penalties to "vindicate the public interest." Id. at § 248(c)(2)(B). The civil penalties that may be imposed are: for a first time, non-violent physical obstruction, up to $10,000, and up to $15,000 for all other first-time violations; for all subsequent non-violent physical obstructions, up to $15,000, and up to $25,000 for all subsequent other violations.