FOR IMMEDIATE RELEASE                                                    CR
WEDNESDAY, JANUARY 4, 1995                        (202) 616-2765
                                              TDD (202) 514-1888

                                     
           JUSTICE DEPARTMENT SEEKS COURT ORDER BARRING OHIO MAN
                FROM HARMING DOCTOR WHO PERFORMS ABORTIONS


     WASHINGTON, D.C. -- The Justice Department today asked a
federal court in Northern Ohio to prevent a Warren, Ohio man from
threatening to harm a doctor who provides reproductive health
care at two women's health clinics in the midwest.  The suit is
the second civil action by the Justice Department under the
newly-enacted Freedom of Access to Clinic Entrances Act (FACE)
and the first aimed at protecting a doctor.  
     Under the law, signed by President Clinton in May of 1994,
the Justice Department may ask a court to prevent people from
blocking health clinics or harming health care providers, and it
can seek compensation for any victims and civil penalties up to
$10,000 for a first offense.
     Today's suit, filed in the U.S. District Court in Cleveland,
alleges that in June, Alan M. Smith of Warren, Ohio, made death
threats against Dr. Gerald B. Applegate, who provides
reproductive health services in offices in Pittsburgh and
Youngstown, Ohio.  The suit also asserts that Smith tried to run
Applegate off the road because of his occupation and that he and
another individual prevented the doctor's wife, who works as a
nurse at her husband's office, from entering their Pittsburgh
office. 
     "Congress passed the clinic entrance law to protect women's
constitutional rights to reproductive health services, and we
intend to use civil as well as criminal processes to see that the
law is respected," said Assistant Attorney General for Civil
Rights Deval L. Patrick.
     In June 1994, Smith was charged under Ohio law with
felonious assault and menacing by stalking for allegedly trying
to run Applegate off the road.  He has been out on bond with some
restrictions on his activities, and according to the Justice
Department complaint, violated those restrictions.  The complaint
alleges that in November of 1994 Smith threatened Applegate's
life during a protest staged at Dr. Applegate's home. 
     Today's action seeks a Federal court order placing tougher
restrictions on Smith.
     Last month, the Justice Department asked permission to enter
into an existing civil suit filed under the new law by a women's
health clinic in Milwaukee against eight individuals who blocked
the entrance to the clinic.  In November, a federal court, using
the criminal provisions of the law for the second time, convicted
six individuals who blocked the entrance to the Milwaukee clinic. 
     In October of 1994, the Justice Department obtained the
first criminal conviction under FACE, when a federal jury
convicted Paul Hill of killing a doctor at a Pensacola, Florida,
clinic.  Hill was later sentenced to two life terms in prison. 
He was also sentenced die in the electric chair following his
state conviction.
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95-004