Videotaping visitors to clinic draws complaints

Lynchburg News & Advance
Published: February 20, 2008

Twice this month Lynchburg police have received complaints about pro-life demonstrators videotaping women entering the Planned Parenthood clinic on Langhorne Road.

Planned Parenthood, which has centers in Lynchburg, Charlottesville, Roanoke and Blacksburg, called the behavior “intimidating and harassing.”

The coordinator of the demonstration - a local outcropping of a national prayer-focused campaign named “40 Days for Life” - said they were operating within the law.

“Our signs have a clear message that we’re not using violent means (to express our opinions). We’re opposed to violence,” organizer Kevin Giedd said, referencing the small placards held by participants that read “Pray to End Abortion.”

40 Days for Life, as its name suggests, consists of 40 days spent keeping quiet vigil outside a pro-choice organization and praying for an end to legalized abortion. The campaign started Feb. 6 and will end March 16. This is the first year Lynchburg has participated, Giedd said.

“I’m happy to have the police come out here,” he said. “Because I think once they see there’s not much going on, they’ll understand. ? I want them to know I’m with them on this.”

At the start of the 40 days, Giedd notified both Planned Parenthood and the Lynchburg Police Department of his plans. He in turn received from the police a copy of the city’s demonstration laws. None of those rules specifically prohibit the videotaping of people, he noted.

Giedd, the most frequent face at the vigil post near the corner of Langhorne and Tate Springs roads, acknowledged he had been videotaping people visiting the center. He had specifically focused on those driving cars with Liberty University stickers, he said, with the intention of turning the tapes over to the school for further investigation.

LU administrators said they were unaware of Giedd’s actions and would not look into any tapes that were submitted.

“We have no interest in pursuing some tape dropped into our mail or plopped in our laps of a LU car at Planned Parenthood,” said Barry N. Moore, the vice president of university relations. “We don’t have any interest in tracking down license plates or anything else from things like this.”

LU, which Giedd is a graduate of, does have a code of conduct that calls on its 10,000 or so students to be “responsible members of the Christian community.”

Having an abortion is considered one of the more serious transgressions and can earn a student 30 “reprimands,” which is punishable by community service, a fine and possible expulsion, although LU officials couldn’t recall the latter penalty being exercised in recent history.

Students are given a grace period in which they can report themselves in order to begin the “healing process,” Moore said.

“These sorts of things are not nonchalant situations to us. They’re very serious to us,” he said. “But, we love our students and we want to help our students. ? We have compassionate rules.”

The Planned Parenthood in Lynchburg does not perform abortions. Its services instead focus on efforts such as prescribing birth control and treating sexually transmitted diseases. Abortions can be obtained at Planned Parenthood health centers in Charlottesville and Roanoke.

Becky Reid, a grassroots organizer for Planned Parenthood Health Systems operating out of Charlottesville, called Giedd’s actions “extremely reprehensible.”

“I think most people recognize this is a very extreme and inappropriate way of expressing your views,” she said, “Everyone has a right to different views and to express them, but people also have a right to access safe, legal preventative health care.”

Police spoke to demonstrators as recently as Monday afternoon and told them to stop the videotaping.

Lynchburg has no specific law against videotaping people in public, said City Attorney Walter Erwin, as long as it is not done in a harassing or threatening manner, and does not impede a person’s access to a public area. Someone who feels aggrieved by being taped could also possibly file a civil suit claiming “infliction of emotional distress,” he noted.

“It’s our officers’ job to prevent people from intimidating or frightening other people from exercising their rights,” Erwin said. “At the same time, just because you don’t like it (being taped) doesn’t mean it can’t be done.”

Ultimate determination of what is or is not legal behavior is something “the courts have to sort out,” he added. Erwin did not specifically address the Planned Parenthood situation, as he was unaware of the circumstances there.

Giedd, who stressed the message of the 40 Days campaign was non-threatening, said he was undecided about what action to take following the police officers’ order. Another officer who responded to an earlier complaint about the videotaping told them they were not breaking the law, he said.

“The Lynchburg police have generally been very good,” he said. “Usually, every time a police or sheriff’s car drives by, I wave at them and they wave and smile back at me.”