Department of Law

City Hall Room 400A, 30 Church Street

Rochester, New York 14614-1295
www.cityofrochester.gov
September 21, 2018

BY EMAIL
Thomas More Society
Thomas Olp, Esq.
Thomas Brejcha, Esq.
309 W. Washington Street, Suite 1250
Chicago, Illinois 60606

Lacy Katzen LLP

John T. Refermat, Esq.
P.O. Box 22878
Rochester, New York 14692

Re: Planned Parenthood Buffer Zone

Dear Messrs. Olp, Brejcha and Refermat:

I write in further reply to your letter dated August 7, 2018, concerning the 2005
permanent injunction in the matter of New York, et al. v. Operation Rescue National, et al., 99-
cv-209A (WDNY). As stated in my initial response, dated September 6, 2018, the City of
Rochester agrees that the 2005 injunction properly applies to defendants in the Operation Rescue
National action and to those acting in concert with them. Since then, the City, along with the
New York State Attorney General’s Office, has reviewed evidence demonstrating that your
clients, Jim Havens and his organization ROC Sidewalk Advocates for Life, are in fact acting in
concert with several of the defendants in that action. Accordingly, effective immediately, Mr.
Havens and ROC Sidewalk Advocates are expected to abide by the 2005 injunction and to
respect the 15-foot buffer zone surrounding all entrances and exits to the University Avenue
Planned Parenthood.

In light of your threat to file suit over the enforcement of the buffer zone, we ask that you
implement a litigation hold for all documents in your clients’ possession regarding the named
defendants in the Operation Rescue National action and your clients’ activities at clinics
operated by the Planned Parenthood of Central and Western New York. This includes any
emails, text messages, social media posts, social media messaging, and other, more traditional,
forms of correspondence and advertising.

Phone: 585.428.6812 Fax: 585.428.6950 TTY: 585.428.6054 EEO/ADA Employer

Please contact me if you would like to discuss this matter further.

Sincerely,

/s/
Patrick Beath
Deputy Corporation Counsel

/s/
Sandra Pullman
Assistant Attorney General

/s/
Lourdes Rosado
Bureau Chief, Civil Rights Bureau
New York State Attorney General