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McTernan v. City of York, No. 07-2670

By FindLaw Staff on August 24, 2009 4:48 PM

In a case brought by protesters against the City of York alleging that a ramp in front of the Planned Parenthood Facility was a public forum, district court's decision denying plaintiffs' motion for preliminary injunction is affirmed where: 1) plaintiffs had no chance of success on the merits as the handicap ramp was a nonpublic forum; 2) there was no irreparable harm because plaintiffs were allowed to protest on the public sidewalk next to the ramp and had access to every person entering the clinic through the ramp; 3) allowing the protesters on the ramp could have led to violence between protesters and the patrons of Planned Parenthood Facility, posing likelihood of harm to the defendants; and 4) public interest favors ensuring unrestricted handicapped access to facilities.  District court's grant of defendant's motion to dismiss plaintiff's complaint is affirmed as the issues on the preliminary injunction and the motion to dismiss were exactly the same and plaintiffs had full opportunity to present their arguments at the hearing on the preliminary injunction.   

Read McTernan v. City of York, No. 07-2670 

Appellate Information

On Appeal from the United States District Court for the MiddleDistrict of Pennsylvania (D.C. No. 07 -cv-00088)
District Judge: Honorable John E. Jones, III
Argued January 12, 2009
Opinion Filed August 24, 2009

Before Sloviter and Barry, Circuit Judges, and Pollack, District Judge
Opinion by Sloviter, Circuit Judge


Counsel for Appellant:  Dennis E. Boyle, Randall L. Wenger, Boyle, Neblett & Wenger

Counsel for Appellees: Frank J. Lavery, Jr., James D. Young, Lavery, Faherty, Young & Patterson

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