Massachusetts News 
By Curt Lovelace 

November 1--Bill Cotter, director of Operation Rescue, Boston, was arrested in Brookline outside The Country Club during the Ryder Cup on a charge of disorderly conduct.  

Cotter contends that his arrest and that of two other pro-life protesters after a weekend of peaceful picketing amounts to harassment and a violation of his civil rights. 

He told Massachusetts News, "No matter what happens in court, I believe that the City of Brookline accomplished their mission, which was to keep me off the street for most of that day because they did not like my message." 

Asked whether he believed the police were acting in good faith when they arrested the protesters for disorderly conduct, Cotter expressed doubt. He said, "Some of their actions and comments indicated that they were not acting in good faith – for instance, when the lieutenant claimed that the sidewalk was private property. Another instance was when the same lieutenant stood in the roadway forcing a vehicle to stop. When that happened, he remarked, "See, you’re blocking traffic.’" 

While thousands were cheering the U.S. Ryder Cup team to its improbable come-from-behind win, the three protesters were quietly arrested outside The Country Club. Arrested at 10:30 a.m., the pro-life picketers were not released until 6 p.m., long after the event was over and the crowds were gone. 

Began on Friday 

According to Cotter, the pickets began on Friday, September 24, at several approaches to The Country Club on the day the matches began. Cotter explained that the pickets had nothing to do with golf, but were intended to inform people about the "massive number of abortions performed in Brookline, not far from The Country Club." 

The picketers, three to six of them at any given time, set up at several intersections where they would be near foot traffic heading into the match. They held signs and handed out flyers. The signs, which measured 3 feet by 5 feet, read, "In Brookline: 410,000 Abortions since 1973," and "In Brookline: Abortion is par for the course." 

Cotter, who is an experienced hand at protesting and picketing, said he and his colleagues made a conscientious effort to take up minimal sidewalk space.  

On Friday and Saturday there were no problems and no complaints of which Cotter is aware. But on Sunday that changed. 

Arriving at the Clyde and Newton Streets corner at between 9 and 9:30 a.m., Cotter began handing out leaflets. Accompanying him, and holding a sign, was Sean Brogan. The pair was joined by Helen Callahan at approximately 10 a.m. 

Just after 10 a.m., by Cotter’s account, a Brookline policeman on traffic detail told the three that they were "creating a traffic hazard." He also added, again according to Cotter, that "People are having to stop to look at your signs." 

Cotter, Callahan and Brogan decided to move over to the traffic island, where people were selling newspapers and not only had signs on utility poles but were also wearing signs. As they began to move, the policeman told them they could not have signs. Protesting that the news hawkers had signs, the picketers were told, "No you can’t go there." He directed them to another corner, a "far less visible place," according to Cotter. 

Cotter Refused to Move 

Soon a police lieutenant arrived on the scene and told the pro-life contingent that they would have to move because they were on private property. When Cotter insisted they were on a public sidewalk, he said that the lieutenant told him, "Not today it’s not." 

The lieutenant left the scene, only to return in a little while to tell the group that they had to keep walking. Cotter said that the officer remarked to him, "Besides, that’s not even a normal sign." Cotter’s response that "Brookline’s not a normal town," evoked no immediate reaction. 

When Captain George Finnegan arrived at the intersection, he told the protesters they were being disorderly. He told them they had to move on. When they refused, all three protesters were arrested. This all took place in the space of 25 to 30 minutes, according to Cotter’s account. 

Ordinarily, non-violent protesters expect to be released within one to two hours of their arrest. Cotter, Callahan and Brogan were held at the Brookline jail until 6 p.m. At that time they were released on payment of $25 to a bail bondsman. Cotter said that between 10:30 a.m. and 6 p.m. they were offered no food. 

The Brookline Police Department has offered no comment on the arrest. When Captain Finnegan was reached by phone, he referred all questions to Captain Scott of the Community Affairs Office. Scott declined to answer questions on the basis that this is now a court case. Asked why the protesters had not been arrested before Sunday, Scott reiterated his response that the case is in the hands of the court. 

The protesters also have no answer to why they were allowed to protest on Friday and Saturday but were arrested on Sunday. Nor were they sure why they were arrested at all. Cotter said that he knew of no complaints and had carefully avoided being in the path of pedestrian or vehicular traffic. 

Cotter, however, has few doubts about the illegality of the arrest. He said, "I cannot judge whether every individual police officer involved in this arrest was acting in good faith or not. But, it really doesn’t matter. If they arrest me illegally, it doesn’t matter whether they’re acting in good faith or bad faith. As an example, suppose the police in good faith want to stop drug sales and they go door-to-door searching people’s homes. The fact that they are acting in good faith doesn’t change the fact that they have violated homeowners’ rights." 
 

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