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Deal near to end Aurora abortion protest suit

April 26, 2008

According to both sides, a settlement could be close in a lawsuit between abortion protesters and the city of Aurora.

The suit, filed in August of last year, charges the city with infringing on the First Amendment rights of protesters rallying in front of Planned Parenthood's facility on East New York Street in Aurora.

Late last month, attorneys and representatives from both sides of the case met with U.S. District Judge Virginia Kendall to start hammering out a settlement.

Talks are ongoing, so details are scarce. But city attorney Alayne Weingartz confirmed the meeting, saying the discussions have "proven to be very fruitful." Lance Malina, of the city's outside legal firm Klein, Thorpe and Jenkins, attended the settlement meeting and agreed with Weingartz's assessment.

Eric Scheidler, who represents both the national Pro-Life Action League and the local Fox Valley Families Against Planned Parenthood, said he felt encouraged by the settlement meeting. A second meeting is scheduled for May 26.

But Scheidler said he found recent events more discouraging. On April 18, Aurora police arrested Constance Betz, 60, of Naperville, and charged her with misdemeanor criminal trespassing outside Planned Parenthood's clinic. According to the police report, Betz walked onto the clinic's property to hand literature to people going inside. Police said she had been warned several times about coming on the property.

Betz was the first abortion protester arrested since demonstrations began early last year, according to Aurora police spokesman Dan Ferrelli. Betz's court date is May 29.

Scheidler said he is hopeful the charges will be dropped, but doesn't expect the arrest will have an effect on Saturday's planned protest outside the clinic. Roughly 500 anti-abortion activists are expected for the 9 a.m. rally.

"Every time you have a larger crowd, you have a greater challenge," Scheidler said. "But we've spent weeks planning this, and we've recruited able people to help. I don't anticipate any problems."

In a written statement, Steve Trombley, president and CEO of Planned Parenthood of Illinois, emphasized his concern for the safety of the clinic's patients, staff and neighbors during these protests.

"We adamantly stress that the entrances to our health center are not the appropriate locations to stage any kind of debate over reproductive rights, no matter what position a group or individual takes," Trombley wrote.

Aurora Beacon-News