HAVENS v. JAMES

No. 20-664-cv August Term 2020.

76 F.4th 103 (2023)

Jim HAVENS, Individually and o/b/o Roc Love Will End Abortion, an Unincorporated Association, Plaintiff-Appellant, v. Letitia A. JAMES, Attorney General of the State of New York, in her official capacity as Attorney General of the State of New York, City of Rochester, New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 4, 2023.


Attorney(s) appearing for the Case

Thomas G. Olp , Thomas More Society, Chicago, IL ( John T. Refermat , Refermat Hurwitz & Daniel PLLC, Rochester, NY, on the brief), for Plaintiff-Appellant.

Dustin J. Brockner , Assistant Solicitor General ( Barbara D. Underwood , Solicitor General, Victor Paladino , Senior Assistant Solicitor General, on the brief), for Letitia A. James , Attorney General of the State of New York, Albany, NY, for Defendant-Appellee Letitia A. James.

Spencer L. Ash for Timothy R. Curtin, Corporation Counsel of the City of Rochester, Rochester, NY, for Defendant-Appellee City of Rochester.

Judge Lohier dissents in a separate opinion.


In 2005, a federal district court entered a permanent injunction against several pro-life advocates. The "Arcara Injunction," named after the district judge who issued it, enjoined the named defendants from, among other things, entering the public sidewalk within fifteen feet of the entrance of any abortion clinic in the...

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