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Court pushes protester farther away from Emma Goldman

Kelsey Beltramea - The Daily Iowan

Issue date: 12/1/06 Section: Metro
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A Keokuk anti-abortion activist who has distributed controversial pamphlets, created a website with images of aborted infants, and frequently protested outside the Emma Goldman Clinic must now stand across the street to protest, the Iowa Court of Appeals ruled Thursday.

The decision prevents vocal anti-abortion protester Dan Holman from coming any closer to the 227 N. Dubuque St. clinic than the sidewalks of its adjacent blocks, which in part modifies a ruling issued previously by 6th District Judge Patrick Grady. Grady's injunction had allowed Holman access to a sidewalk that was less than 18 feet from the facility.

The Iowa Court of Appeals judgment maintains Grady's rulings that Holman be prohibited from making contact with clients or staff within 100 feet of the building. The ruling also affirms that Holman be barred from coming within 100 feet of the clinic's doctor and director and their homes.

In its 13-page decision, the Court of Appeals wrote that the expanded permanent injunction is necessary to ensure the safety of Director Karen Kubby and physician Robert Kretzchmar, who jointly filed for the initial restriction against Holman in 2003 and protect others who frequent the sidewalk.

Kubby and Kretzchmar stated in court documents that over the year prior to that injunction, Holman's behavior had escalated from picketing to voicing aggressive comments aimed at those entering the clinic.

Kubby also noted Holman was quoted in the New York Times praising anti-abortion activist Paul Hill at Hill's execution in Florida. Hill had been convicted of murdering a doctor who performed abortions and the doctor's bodyguard, in addition to wounding the bodyguard's wife.

Holman was quoted in the Times: "Someday, I hope I will have the courage to be as much as a man as he was."

Considering Holman's statements and his legal history, which according to court records includes more than 300 arrests and prison time for protest-related charges, the Court of Appeals wrote that it decided the modified order provides a proper balance between insuring public safety and preserving Holman's First Amendment right to protest - a right Holman said he will continue to practice.

"We just have to change our tactics now, so the people of Iowa City will see us a lot more often," the 25-year activist said about his and his wife's future efforts. "At the shopping malls, at the courthouse - we're going to have to be more visible."

Holman said he will appeal the latest judgment to the Iowa Supreme Court.

E-mail DI reporter Kelsey Beltramea at:
kelsey-beltramea@uiowa.edu
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