In the meantime, we will ask the federal court to block the continued enforcement of this injunction. I would also caution the city of Melbourne Police Department from making arrests of people while they are within that 36-foot buffer zone because I think they tread a very thine line upon which they could be sued under this federal court ruling for deprivation of individual civil rights. Many others see the 1.4 million abortions each year as an American Holocaust permitted by the moral vacillation of the government. The local police understood the injunction to require them to arrest 'pro-life' individuals who violated the buffer zone. An injunction is an extraordinary remedy that operates only on the parties before the court.
Legislation operates more broadly, extending to all actors within the legislature's jurisdiction.
Nevertheless, when Judge McGregor issued the Amended Permanent Injunction in the state case, he, in effect, created a criminal statute prohibiting 'pro-life' free speech in a certain geographical location. This is apparently precisely what occurred. We protect much that offends in the name of free speech - we cannot refuse such protection to those who find abortion morally reprehensible. The district court treated the state court injunction as an ordinary injunction when it had the effect of a criminal statute. Consequently, the order of the district court was founded on a mistake of law.