IT IS HEREBY ORDERED AND ADJUDGED that:
1. A permanent injunction is entered against the defendants, Robert S.
Minton, Jr., Lisa McPherson Trust, Inc,, Jesse Prince, Grady Ward, Stacy Brooks, Jeff Jacobson, Patricia Greenway, Peter Alexander, Mark Bunker and Tory Bezazian, their members, officers, agents, servants, employees and those persons and entities in actual concert or participation with them who receive actual notice of this injunction, enjoining them from picketing, protesting, and/or demonstrating in the areas designated in BLUE (the "prohibited zones") (picketing, protesting, and/or demonstrating is ALLOWED in areas designated in ORANGE) on the diagrams of certain properties owned and/or operated by the Church (see Composite Exhibit A?1 attached hereto and incorporated into this Order), and from engaging in any of the aforementioned activities within ten feet of any entrance or exit actually used frequently on a daily basis to all Church property listed on Exhibit B and not expressly included in the prohibited zones designated in Exhibit A? I .
2. The foregoing paragraph prohibits picketing, protesting and/or demonstrating in areas designated in BLUE (see Exhibit A?1) ac well as in areas within ten feet of any entrance or exit actually used frequently on a daily basis to Church property that is not expressly included in the prohibited zones designated in BLUE (see Exhibit B). As to all other areas in Pinellas County, Florida, the named defendants, and their officers, agents, servants, employees and those persons and entities in actual conccrt or participation with them, are free to engage in lawful picketing, lawful protesting and lawful demonstrating. "Lawful" picketing means "not contrary to or forbidden by law", provided that at all times while picketing, all persons bound by this injunction shall comply with the anti?noise provisions of this injunction.
3. The defendants, Robert S. Minton, Jr., Lisa McPherson Trust, Inc., Jesse Prince, Grady Ward, Stacy Brooks, Jeff Jacobson, Patricia Greenway, Peter Alexander, Mark Bunker and Tory Bezazian, their officers, agents, servants, employees and those persons and entities in actual concert or participation with them who receive actual notice of this injunction are permanently enjoined: (1) from coming within ten (10) feet of any member of the Church; (2) from blocking the path of any member or any motor vehicle of the Church; and (3) from physically or by any other means inhibiting any Church member, any member of the general public, or any motor vehicle, from entering or leaving any Church properties that are listed in the schedule of properties that is Exhibit B to this order.
4. Notwithstanding the foregoing, it shall not be a violation of this permanent injunction for any person otherwise engaged in lawful conduct to move without interruption through a prohibited zone en route from one non?prohibited zone to another non?prohibited zone, so long as that person keeps any pickets or other signs held below the waist and upside down or otherwise covered or obscured or held horizontally in such a way that the writing on the pickets or other signs is not obviously displayed, and so long as the person complies with the prohibition on excessive noise making set forth in paragraph S below. This provision applies to all persons and entities who are subject to the terms of this injunction.
5. The defendants, Robert S. Minton, Jr., Lisa McPherson Trust, Inc., Jesse Prince, Grady Ward, Stacy Brooks, Jeff Jacobson, Patricia Greenway, Peter Alexander, Mark Bunker and Tory Bezazian, their officers, agents, servants, employees and those persons and entities in actual concert or participation with them who receive actual notice of this injunction, are permanently enjoined from making any loud and raucous noise such as, but not limited to yelling, shouting, whistling or singing (whether by natural or amplified voice), or by the employment of any mechanical device such as a horn, whistle, or other noisemaker that creates a loud and raucous noise that can be heard inside any of the Church properties that are listed in the schedule of properties that is Exhibit B to this order. A "loud and raucous noise" is any sound which because of its volume level, duration, and character, annoys, disturbs, injures or endangers the comfort, health, peace or safety of reasonable persons of ordinary sensibilities.
6. The defendants, Robert S. Minton, Jr., Lisa McPherson Trust, Inc., Jesse Prince, Grady Ward, Stacy Brooks, Jeff Jacobson, Patricia Greenway, Peter Alexander, Mark Bunker and Tory Bezazian, their officers, agents, servants, employees and those persons and entities in actual concert or participation with them who receive actual notice of this injunction, are permanently enjoined from entering upon any of the Church properties that are listed in the schedule of properties that is Exhibit B to this order.
7. The defendants, Robert S. Minton, Jr., Lisa McPherson Trust, Inc., Jesse Prince, Grady Ward, Stacy Brooks, Jeff Jacobson, Patricia Greenway, Peter Alexander, Mark Bunker and Tory Bezazian, their officers, agents, servants, employees and those persons and entities in actual concert or participation with them who receive actual notice of this injunction, are permanently enjoined from committing any acts of harassment or violence against any member of the Church, including, without limitation, any UNSOLICITED physical, verbal or written contact with any Church staff or parishioner. Videotaping from a distance of more than 10 feet shall not be considered harassment.
8. A permanent injunction is entered against the Church and its officers, agents, employees and those persons and entities in actual concert or participation with it who receive actual notice of this injunction enjoining them from picketing, protesting, and/or demonstrating in the areas designated in BLUE on the diagram of the Lisa McPherson Trust, Inc. property. (See Exhibit A?2 attached hereto and incorporated into this order.)
9. The foregoing paragraph prohibits picketing, protesting, and/or demonstrating in areas designated in BLUE as well as in areas within ten feet of any entrance or exit actually used frequently on a daily basis to the Lisa McPherson Trust, Inc. property that is not expressly included in the prohibited zones designated in BLUE. As to all other areas in Pinellas County, Florida, the named plaintiff, and its officers, agents, servants, employees and those persons and entities in actual concert or participation with it who receive actual notice of this permanent injunction, are free to engage in lawful picketing, lawful protesting and lawful demonstrating. "Lawful" picketing means "not contrary to or forbidden by law", provided that all times while
picketing, protesting, and/or demonstrating, all persons bound by this injunction shall comply with the anti?noise provisions of this injunction.
10. The Church and its officers, agents, servants, employees and those persons and entities in actual concert or participation with it who receive actual notice of this injunction are permanently enjoined: (1) from coming within ten (10) feet of any defendant; (2) from blocking the path of any defendant or any motor vehicle of any defendant; and (3) from physically or by any other means inhibiting any defendant, any member of the general public, or any motor vehicle from entering or leaving any properties owned and/or operated by defendants.
11. The Church and its officers, agents, servants, employees and those persons and entities in actual concert or participation with it who receive actual notice of this injunction are permanently enjoined from making any loud and raucous noise such as, but not limited to, yelling, shouting, whistling or singing (whether by natural or amplified voice), or by the employment of any mechanical device such as a horn, whistle or other noisemaker that creates a loud and raucous noise that can be heard inside the Lisa McPherson Trust, Inc.
property. A "loud and raucous noise" is any sound which because of its volume level, duration, and character, annoys, disturbs, injures or endangers the comfort, health, peace or safety of reasonable persons of ordinary sensibilities.
12. The Church and its officers, agents, servants employees and those persons and entities in actual concert or participation with it who receive actual notice of this injunction are permanently enjoined from entering upon the Lisa McPherson Trust, Inc. property.
13. The Church and its officers, agents, servants employees and those persons and entities in actual concert or participation with it who receive actual notice of this injunction are permanently enjoined from committing any acts of harassment or violence against any of the defendants, including, without limitation, any UNSOLICITED physical, verbal or written contact with any defendant. Videotaping from a distance of more than 10 feet shall not be considered harassment.
14. The provisions in paragraphs 3 and 10 of this permanent injunction prohibiting certain persons from approaching within ten (10) feet of each other shall not apply during the course of depositions and court hearings in any litigation involving any of the parties or their counsel herein?
15. Before a Party engages in any acts of Picketing, protesting, and/or demonstrating in designated ORANGE areas within the City of Clearwater against the other party, the Party intending to picket, protest, and/or demonstrate will contact the Clearwater Police Department at least one hour in advance of the demonstration event and inform the Clearwater Police Department of their/its intentions.
16. This permanent injunction shall remain in full force and effect unless and until modified by further order of this court.
17. Any violation hereof shall constitute contempt of court, punishable by fine and/or imprisonment.
18. No bond shall be required for the issuance of this Permanent Injunction since the injunction is issued solely to prevent the physical injury, harassment, or abuse of natural persons.
19. This injunction is valid and enforceable in all counties of the State of Florida.
20. Any sworn law enforcement officer may assist in the execution or service of this injunction.
21. Any legal process or other paper required to be served upon any person concerning this permanent injunction shall be served by a duly certified independent process server chosen from a list of such process servers MUTUALLY AGREED UPON by (1) counsel for the parties herein and (2) approved by the court. The list shall contain at least four individuals or agencies and all of them shall be available to serve process on behalf of all parties to this litigation. Any such process server shall be deemed to be an agent of the court and the interference by any person subject to the terns of this permanent injunction with the service of process or notice concerning the injunction or proceedings before the court, including without limitation, the purposeful obstruction of service, shall be punishable as a per se contempt of the court and a violation of this permanent injunction.
22. This Permanent Injunction shall become effective at 0000 hours on the 1st day of August 2001 and remain in full force and effect until further order of this Court. Temporary Injunction #2 and any amendments and orders applicable thereto shall terminate at 0000 hours on the 1st day of August 2001.
DONE AND ORDERED in Chambers at St. Petersburg, Pinellas County, Florida, this 27th day of July 2001 at 1400 hours.
Thomas E. Penick, Jr.
CIRCUIT JUDGE
EXHIBIT A?1
DIAGRAMS RE: CHURCH[SIC] PROPERTIES
1. Fort Harrison Hotel and New Pastoral Counseling Building
2. Merrill?Lynch Building and Burnside Property
3. Clearwater Building and Coachman Building
4. Westcoast Building and Annex Building
5. Sandcastle Buildings and Osceola Building
6. Mariner Building
7. Yachtsman Motel
8. Staff Accommodations (Tradewinds, Bayside, & Clipper)
9. Hacienda Gardens
10.Quality Inn
EXHIBIT A?2
DIAGRAM RE: LISA McPHERSON TRUST. INC. PROPERTY
NOTE Picketing, protesting, and/or demonstrating ALLOWED in areas designated in ORANGE.