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State v. Noah9/11/2000
Noah and Casebeer were involved in activities protesting Calof's work in repressed memory recovery. Calof secured an antiharassment order against Noah. Noah was found in contempt for violating the antiharassment order. Noah challenges the antiharassment order and his conviction for contempt on the grounds it violated First Amendment rights including free speech, the right to picket, and the right to photograph Calof in public. We hold an antiharassment order may place enforceable limits of First Amendment rights as needed to enforce the no contact provisions of the order. We affirm the antiharassment order and his conviction for contempt.
Calof sued Casebeer and others for defamation and other injuries. Casebeer and others entered voluntarily and knowingly into a mediated settlement agreement. Casebeer repudiated the agreement on the grounds that she could not lawfully contract away First Amendment rights, such as speech and picketing. The trial court held that the agreement was enforceable. We hold that mere enforcement of the agreement does not constitute state action for purposes of constitutional analysis. The agreement is enforceable. We affirm.
FACTS
David L. Calof is a mental health counselor registered under the laws of the State of Washington and has practiced psychotherapy in the Seattle area for over 25 years. Calof works generally in the area of trauma treatment with a special interest in the treatment of people suffering the affects of childhood sexual, physical and emotional abuse. In addition to his therapy practice, Calof presents at a number of national and international conferences, seminars and professional meetings each year.
STATE v. NOAH
Charles Noah's daughter accused him of having sexually abused her when she was a child. Noah denied the accusations and blames his daughter's therapist, Linda McDonald, for the revelations. Noah protested McDonald's practice. His conduct resulted in an antiharassment order being issued.
In 1995, though David Calof never had a professional or personal relationship with Noah or his daughter, Noah picketed along the sidewalk in front of Calof's office allegedly protesting recovered memory therapy. He displayed signs such as 'Voodoo Therapy Practiced Here,' 'David Calof, Mr. Windbag! Psychotherapist,' 'Big Bucks For Therapy Spreading Child Abuse Hysteria,' and 'David Calof Voice of Hatred And Revenge.'
Calof claims Noah harassed him in his personal and professional life. On May 5, 1995, Noah entered Calof's office and approached and spoke with one of Calof's clients. Noah made an unsolicited telephone call to Calof's private residence. On another occasion, Calof postponed a hearing citing his father's illness as an excuse, and Noah attempted to locate Calof's father to verify whether he was truly ill. Calof's lease was up for renewal in July 1995. Noah called Calof's landlord on at least one occasion.
Calof alleges that Noah conducted his picketing in such a way that harmed Calof, his employees and patients. In entering the building, Calof's staff could not 'easily avoid passing by him.' Calof claims that as a result many patients either used the back door to the office or cancelled appointments. Calof also claims that Noah used cameras and video equipment to photograph him, his clients, and his staff. Calof claims he suffered emotional distress, pecuniary loss, and damage to his professional reputation.
On April 26, 1995, the trial court issued a one-year antiharassment order, restraining Noah from contacting Calof or placing him under surveillance and prohibiting Noah from going within 250 feet of Calof's office or residence. Calof f
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