Full opinion text
MAJORITY OPINION SEARS, Justice (Assigned). This appeal is from a judgment awarding damages and permanently enjoining appellants, anti-abortion groups and their leaders, from interfering with access to appellees’ homes and clinics. Appellees are ten women’s climes and several doctors who sometimes perform abortions. Based upon the jury’s findings that appellants were liable for civil conspiracy, tortious interference, invasion of privacy and property rights, the judgment awarded actual and punitive damages to appellee Planned Parenthood of Houston and Southeast Texas, Inc. (“Planned Parenthood”). Appellants, Philip “Flip” Ben-ham and Bob Jewitt, are referred to as “B/ J,” and appellants, Operation Rescue-National, Rescue America, Dallas Rescue, Don Treshman and Keith Tucci, are collectively referred to as “OR.” In separate briefs, B/J raise thirty-seven points of error and OR raise fifty-four points, for a total of ninety-one points of error, many of which overlap. Both groups contend the permanent injunction violates both the Texas and United States Constitutions. They also attack the sufficiency of the evidence to substantiate the trial court’s findings supporting the injunctive relief. They complain of errors in the jury instructions, in the composition of the jury, in the amended and corrected judgments, and in the assessment of costs. In addition, OR challenge the sufficiency of the evidence supporting the actual and punitive damages imposed against them. We affirm the judgment of the trial court. Background Appellants sought to interfere with the activities of Planned Parenthood and other family planning clinics in August 1992 during the Republican National Convention in Houston. Don Treshman, the National Director of appellant Rescue America, announced a plan for a concerted, large-scale assault on Houston abortion providers. Treshman met with leaders of Operation Rescue-National before the GOP Convention. The groups agreed to jointly exert pressure on Planned Parenthood and other climes to force them to close during the Convention. The primary tactic was conducting or sponsoring “rescues” which are blockades of clinics. In addition, Operation Rescue planned to promote residential pickets of physicians who worked at the clinics, and Rescue America was to coordinate information on these pickets. Pat Mahoney, a spokesman for Operation Rescue-National, acknowledged that the two groups had a common purpose and plan and were “all working toward a common goal.” Appellants also announced their plan at a press conference. In response, appellees and others filed suit and obtained a temporary restraining order (TRO) preventing appellants from coming within a 100-foot “buffer zone” of appellees’ clinics and homes. Appellants Tucci, Ben-ham and Jewitt, along with others who are not parties to this appeal, intentionally violated that part of the TRO barring demonstrations within the 100-foot zone around the clinics’ entrances and exits, and they were jailed. All sought habeas relief, which the Texas Supreme Court granted. The supreme court held that the TRO imposing a 100-foot speech-free zone around the clinics’ entrances and exits violated the protestors’ constitutional right to freedom of expression because there was no showing the zone was the “least restrictive” means of protecting the climes from harm. Ex parte Tucci, 859 S.W.2d 1, 7 (Tex.1993) (plurality opinion). Appellees then amended their pleadings, sought a permanent injunction, and Planned Parenthood later asked for actual and punitive damages. Following a six-week jury trial and a two-day evidentiary hearing on the particulars of the proposed injunctive relief, Judge Eileen O’Neill of the 190th District Court signed a Judgment and Permanent Injunction on December 5, 1994. The judgment awarded the following damages to Planned Parenthood, plus pre- and post-judgment interest: $204,585 in actual damages from Operation Rescue-National, Rescue America, Don Treshman, and Keith Tucci, jointly and severally; plus punitive damages as follows: $350,000 from Operation Rescue-National; $355,000 from Rescue America; $155,000 from Don Treshman; and $150,-000 from Keith Tucci, for a total of $1,010,000 in punitive damages. The judgment permanently enjoined and restrained appellants from interfering with the clinics, harassing the physicians and their family members, and demonstrating within a specific zone as to each clinic and doctor’s residence. These zones range from fifteen feet to thirty-two feet around the entrances to the climes and are outlined on maps attached to the injunctive order. The demonstration-free zones also extend thirteen feet from the property line in front of each physician’s residence. The judgment incorporates the trial court’s findings of fact and conclusions of law as to the injunctive relief. After entry of the judgment, the cause was transferred to the 333rd District Court, where Judge Richard Bianchi signed an Amended Judgment and Permanent Injunction on February 1, 1995, to correct two errors in the judgment. Subsequently, on June 15, 1995, the same court entered a Judgment Nunc Pro Tunc and Permanent Injunction to include the attachment of exhibits inadvertently omitted from the Amended Judgment. This appeal resulted. Jury Composition In their points forty-six and forty-seven, OR contend the trial court erred in refusing to strike certain jurors for cause, requiring them to use all of their peremptory challenges and accept jurors they found objectionable. B/J raise the same complaints in their points twenty-nine and thirty. To preserve error in the trial court’s failure to strike objectionable jurors, the complaining party must timely bring its complaint to the trial court’s attention before making its peremptory challenges. Hallett v. Houston Northwest Medicat Center, 689 S.W.2d 888, 889-90 (Tex.1985). The objecting party must specifically inform the trial court which objectionable jurors will remain after all peremptory strikes are made, and this notice must be given before the actual exercise of the strikes. Id; see also Beavers v. Northrop Worldwide Aircraft Services, Inc., 821 S.W.2d 669, 673 (Tex.App.—Amarillo 1991, writ denied); Carpenter v. Wyatt Constr. Co., 501 S.W.2d 748, 750-51 (Tex.Civ.App.—Houston [14th Dist.] 1973, writ refd n.r.e.). In this case, after the trial court excused several potential jurors for cause, the court overruled appellants’ challenges for cause as to twenty-one additional venire members. The parties then made their peremptory strikes. Appellants did not object to the trial court’s denial of their challenges for cause until after all parties had exercised their peremptory strikes and the jury was about to be sworn. They argued that two jurors about to be impaneled were objectionable and would have been challenged peremptorily if they could have done so. They then listed seven jurors on whom they would have used a peremptory strike, but they faded to fully articulate their objection and obtain a ruling. In addition, appellants did not seek additional peremptory challenges. By failing to object to the trial court’s refusal to strike objectionable jurors until after the peremptory strikes were made, appellants have waived error, if any. B/J’s points twenty-nine and thirty and OR’s points forty-six and forty-seven are overruled. Charge Error In B/J’s points of error four through seven and OR’s points one through seven, appellants complain about alleged errors in Jury Instruction No. 2, which provided in relevant part: , “Civil conspiracy” means a combination by two or more persons to accomplish an unlawful purpose or to accomplish a lawful purpose by unlawful means. To find a civil conspiracy, you must find the following: 1. a combination of two or more persons, 2. who agree or have a meeting of the minds on a common purpose or course of action, 3. who have knowledge of the purpose or course of action, and 4. at least one of such persons commits at least one act to further the conspiracy. “Unlawful” means violative of either criminal or civil law. The trial court has broad discretion in submitting explanatory instructions and definitions. Wisenbarger v. Gonzales Warm Springs Rehab. Hosp., Inc., 789 S.W.2d 688, 692 (Tex.App.—Corpus Christi 1990, writ denied). Instructions and definitions are proper when they are raised by the written pleadings, supported by the evidence, and they aid the jury in answering the questions in the charge. Tex.R. Civ. P. 277, 278. To preserve error in the jury charge, a party must make the trial court aware of the complaint, timely and plainly, and obtain a ruling. State Dept. of Highways v. Payne, 838 S.W.2d 235, 241 (Tex.1992); Tex.R. Crv. P. 274. A party is required to object when the court submits an erroneous question, instruction or definition. Tex.R. Civ. P. 274; see, e.g., Spencer v. Eagle Star Ins. Co., 876 S.W.2d 154, 157 (Tex.1994). Objections must be made before the charge is read to the jury. Missouri Pac. R.R. Co. v. Cross, 501 S.W.2d 868, 873 (Tex.1973); Tex.R. Civ. P. 272. If a submitted instruction is erroneous, it does not matter which party has the burden of proof. Religious of the Sacred Heart v. City of Houston, 836 S.W.2d 606, 613-14 (Tex.1992). A written request is required only when a question, instruction or definition is omitted. TexR. Civ. P. 278. Appellants contend the trial court’s instruction on conspiracy is erroneous because it does not include a requirement that the acts to further the conspiracy be “overt” and “unlawful.” In addition, they contend the instruction is fatally flawed because it failed to include a requirement that there be damages proximately resulting from the conspiracy. We reject appellees’ contention that appellants failed to properly preserve all of its complaints about the charge. At the charge conference, appellants objected that the instruction did not require an “unlawful overt act” and that there was no element of damages included in the cause of action. The attorney representing Benham and Jew-itt objected to the definition in Instruction No. 2, and tendered another definition, which was refused. The parties stipulated at trial that objections made by one defendant were applicable to the others. Appellees contend Rescue America and Treshman have waived any complaint as to the conspiracy definition because their attorney did not receive a ruling. However, when an objection is made and the court made no change in the charge, it is presumed that the objection was properly and timely presented and that the objection was overruled. Acord v. General Motors Corp., 669 S.W.2d 111, 114 (Tex.1984); Tex.R. Civ. P. 272. In addition, appellants were only required to object to an erroneous instruction to preserve error; they were not required to submit a substantially correct instruction. Therefore, the fact that appellants’ tendered question also omitted the term “unlawful” is not fatal to preservation of their challenge on appeal. However, we do agree that appellants failed to preserve error alleged in OR points three through seven and B/J points six and seven. In these points, appellants complain that the defective definition of conspiracy infected the jury’s answers on liability and damages in Question Nos. 1 through 4 and 6 through 10. No objections were made by any defendant to these questions because of the allegedly erroneous conspiracy definition. A party cannot enlarge on appeal an objection made in the trial court. Conner v. Bean, 630 S.W.2d 697, 701 (Tex.App.—Houston [1st Dist.] 1981, writ ref'd n.r.e.). An objection on appeal that is not the same as that urged at trial presents nothing for review. Holland v. Hayden, 901 S.W.2d 763, 765 (Tex.App.—Houston [14th Dist.] 1995, writ denied). Nor can a party raise a new objection for the first time on appeal. See Tex.R.App. P. 52(a); Tex.R. Civ. P. 274. We overrule OR’s points three through seven and B/J’s points six and seven. First, as to the alleged failure to include a damages element in Instruction No. 2, we note that Question No. 3 asked: “Did any of the Plaintiff Clinics, Plaintiff Physicians, or Intervenors suffer injury, harm, or damages that were proximately caused by the conspiracy?” Question No. 3 was predicated on an affirmative answer to the liability questions on conspiracy to interfere with the business, privacy or property rights of appel-lees. Rule 277 expressly permits predication of damage questions on affirmative findings on liability. Tex.R. Civ. P. 277. We hold that the trial court did not err in submitting damages separately. The Texas Supreme Court has repeatedly defined a civil conspiracy as “a combination by two or more persons to accomplish an unlawful purpose or to accomplish a lawful purpose by unlawful means.” Firestone Steel Products Co. v. Barajas, 927 S.W.2d 608, 614 (Tex.1996); Triplex Communications, Inc. v. Riley, 900 S.W.2d 716, 719 (Tex.1995); Massey v. Armco Steel Co., 652 S.W.2d 932, 934 (Tex.1983). The definition in this case is identical. The elements of the cause of action must be taken in the context of this basic definition stating that the object to be accomplished, or the means by which it is accomplished, is unlawful. Triplex Communications, 900 S.W.2d at 720; Massey, 652 S.W.2d at 934. The “gist of a civil conspiracy” is the injury that is intended to be caused. Schlumberger Well Surveying Corp. v. Nortex Oil & Gas Corp., 435 S.W.2d 854, 856 (Tex.1968). In Massey, the Supreme Court listed the essential elements of civil conspiracy as: (1) two or more persons; (2) an object to be accomplished; (3) a meeting of the minds on the object or course of action; (4) one or more unlawful, overt acts; and (5) damages as the proximate result. Massey, 652 S.W.2d at 934. The instruction in this case is substantially the same, except that it requires the jury to find “at least one act to further the conspiracy.” When the elements submitted in this case are considered in the context of the basic conspiracy definition, we find no error in this slight deviation from the Massey elements. According to the court’s instruction in this case, the jury was required to find an act furthering appellants’ “unlawful purpose,” or an act forming the “unlawful means” of accomplishing their conspiracy. In addition, while not every act of protest described at trial was illegal, it was uncontroverted that one or more of appellants’ actions were unlawful. The charge defined “unlawful” as “violative of either criminal or civil law.” Appellants admitted many of their actions, at the very least, violated appellees’ common law rights as well as the initial injunctive order. There is also no dispute that the actions at issue in this case were “overt.” It was therefore established that some appellants committed overt, unlawful acts, and the only disputed issue was whether these acts were part of a conspiracy so that each co-conspirator is responsible for all acts done by any of the conspirators. See Carroll v. Timmers Chevrolet, Inc., 592 S.W.2d 922, 926 (Tex.1979). Since only the disputed issues must be submitted, the trial court was not required to submit the element of an “overt, unlawful” act. See T.O. Stanley Boot Co. v. Bank of El Paso, 847 S.W.2d 218, 228 (Tex.1992) (holding that only disputed issues must be submitted to the jury); Employers Cos. Co. v. Block, 744 S.W.2d 940, 944 (Tex.1988) (same); Kiel v. Brinkman, 668 S.W.2d 926, 929 (Tex.App.—Houston [14th Dist.] 1984, no writ) (holding that the trial court did not err in submitting only one of three required elements when the other two were not disputed). We hold that the court’s instruction, together with the damages questions, sufficiently encompassed the elements of conspiracy in this ease. When error in the charge is found, we must review the pleadings, evidence, and the entire charge to determine if the error is harmful. Island Recreational Dev. Corp. v. Republic of Texas Sav. Ass’n, 710 S.W.2d 551, 555 (Tex.1986). To reverse based on error in the charge, appellants must establish that the error amounted to such a denial of their rights as was reasonably calculated to cause and probably did cause rendition of an improper judgment. Tex.R.App. P. 81(b)(1). Here, the evidence supporting conspiracy to commit illegal acts, as well as the commission of illegal acts, was overwhelming. Based on the testimony of the appellants and their admitted, illegal overt acts, the jury found appellants tortiously interfered with the clinics’ business and violated the physicians’ privacy rights. Therefore, even if we were to find that the trial court erred in its instruction on the conspiracy definition, we would find the error to be harmless. In conclusion, we find no reversible error in the court’s charge on conspiracy. B/J’s points of error four and five and OR’s points one and two are overruled. Appellants also complain about the omission of a question or instruction on imminent harm relating to the injunctive relief in B/J point of error twenty-eight and OR point forty-five. The Texas Supreme Court has determined that the question of imminent harm is not a proper issue to submit to the jury, but instead is a question for the court to decide as a court of equity. State v. Texas Pet Foods, 591 S.W.2d 800, 804 (Tex.1979). Although a litigant has a right to trial by jury in an equitable action, only ultimate issues of fact are submitted for the jury’s determination. Id. We overrule B/J point of error twenty-eight and OR point forty-five. Injunctive Relief To be entitled to permanent injunctive relief, the plaintiffs must plead and prove a valid cause of action against the defendants. See Valenzuela v. Aquino, 853 S.W.2d 512, 513 (Tex.1993) (holding that because Texas has no cause of action for negligent infliction of emotional distress, the trial court improperly entered a permanent injunction enjoining residential picketing). The plaintiffs must show that harm is imminent. Henderson v. KRTS, Inc., 822 S.W.2d 769, 773 (Tex.App.—Houston [1st Dist.] 1992, no writ). They must also establish that this imminent harm will be irreparable if the injunction is not issued. Liberty Mut. Ins. Co. v. Mustang Tractor & Equip. Co., 812 S.W.2d 663, 666 (Tex.App.—Houston [14th Dist.] 1991, no writ). Appellants present a two-pronged attack on the injunctive relief granted by the trial court. First, we address their contention that the evidence is insufficient to support the injunctive relief granted by the trial court. Secondly, we consider appellants’ contention that the permanent injunction violates both the United States and Texas Constitutions. A. Sufficiency of the Evidence Appellants attack the sufficiency of the evidence supporting the injunctive relief and the trial court’s findings and conclusions. In response, appellees first assert that appellants have waived every factual sufficiency point of error, and any objection that damages were excessive, by failing to bring a separate point of error complaining of the trial court’s overruling of their motion for new trial. To preserve error on factual sufficiency complaints, a party must include an objection in a motion for new trial. See Tex.R. Civ. P. 324(b)(2), (b)(4); Luna v. Southern Pacific Transp. Co., 724 S.W.2d 383, 384 (Tex.1987). Appellees argue that appellants must complain of the overruling of a motion for new trial by point of error when the objection, such as an objection to the factual sufficiency of the evidence, is made for the first time in the motion for new trial. Appellees cite no case authority directly on point, relying only on O’Connor’s Texas Rules * Civil Appeals (1993). We find no other authority requiring such a strict interpretation of the briefing rules. We hold the filing of a motion for new trial, raising specific points in the motion as to the sufficiency of the evidence supporting the jury’s answers, as appellants did in this case, is effective to preserve error for factual sufficiency points. A separate point of error complaining of the overruling of the motion for new trial is duplicitous and unnecessary. When a party attacks a finding concerning an issue upon which it did not have the burden of proof, it must demonstrate that there is insufficient evidence to support the adverse finding. See Hickey v. Couchman, 797 S.W.2d 103, 109-10 (Tex.App.—Corpus Christi 1990, writ denied). The test is whether, after examining all the evidence, the evidence supporting the finding is so slight, or the evidence against it so strong, that the finding is manifestly unjust and clearly wrong. Plas-Tex, Inc. v. U.S. Steel Corp., 772 S.W.2d 442, 445 (Tex.1989); Garza v. Alviar, 395 S.W.2d 821, 823 (Tex.1965). The trial court’s findings of fact have the same force and dignity as a jury’s verdict upon juiy questions and are reviewable for sufficiency of the evidence by the same standards as are applied in reviewing the evidence supporting the jury’s answers. Zieben v. Platt, 786 S.W.2d 797, 799 (Tex.App.—Houston [14th Dist.] 1990, no writ); City of Clute v. City of Lake Jackson, 559 S.W.2d 391, 395 (Tex.Civ.App.—Houston [14th Dist.] 1977, writ ref'd n.r.e.). Although the court’s conclusions of law may not be challenged for factual insufficiency, the trial court’s conclusions drawn from the facts may be reviewed to determine their correctness. Dallas County v. Sweitzer, 881 S.W.2d 757, 763 (Tex.App.—Dallas 1994, writ denied). Any ultimate fact may be proven by circumstantial evidence. Transport Ins. Co. v. Faircloth, 898 S.W.2d 269, 285 (Tex.1995). Because of its nature, proof of a conspiracy usually must be made by circumstantial evidence. King v. Acker, 725 S.W.2d 750, 755 (Tex.App.—Houston [1st Dist.] 1987, no writ); Carr v. Hunt, 651 S.W.2d 875, 882 (Tex.App.—Dallas 1983, writ ref'd n.r.e.). The jury was instructed in this case that: A fact may be established by direct or by circumstantial evidence. A fact is established by direct evidence when proved by documentary evidence or by [a] witness who saw the act done or the words spoken. A fact is established by circumstantial evidence when it may be fairly and reasonably inferred from other facts proved. Appellants contend the evidence is insufficient to support the jury’s finding that appellants conspired to violate, or actually violated, the doctors’ privacy or property rights. They also argue the evidence is insufficient to support a finding of imminent harm to the doctors. In OR points of error eight through twenty-four, they assert the evidence is insufficient to show that appellants will engage in the enjoined activity in the future or that there was imminent risk of harm as to physician appellees. B/J essentially make the same argument in points eight through twenty. In points twenty-five through thirty, OR challenge each of the trial court’s findings of fact supporting the permanent injunction. BAPs corresponding points are points twenty-one through twenty-six. The court’s findings as to the injunctive relief are as follows: 1. Defendants’ conduct threatens access to plaintiff clinics by women seeking abortion and other medical services; 2. Defendants’ conduct threatens the use and enjoyment of plaintiff clinics’ and physicians’ property rights; 3. Defendants’ aggressive and harassing manner of protesting and sidewalk counseling of clinic patients increases the medical risks attendant to the abortion procedure; 4. Defendants’ targeted picketing of plaintiff physicians’ homes threatens and interferes with plaintiff physicians’ rights of privacy; 5. Defendants have not abandoned their activities toward plaintiffs, but (1) remain committed to their particular protest tactics and would use them again toward plaintiffs if the circumstance (such as a national media event in Houston) presented itself; (2) have aided and abetted others in continuing to engage in conduct that is either tortious or in violation of plaintiffs’ constitutional rights; and (3) principle defendants, and those found by the jury to have acted with malice, are either locally based (such as Rescue America and Don Treshman) or have recently increased their organizational presence in Texas (Operation Rescue-National); 6.Despite existing injunctions imposing place and manner restrictions on defendants’ protest activities targeting plaintiff clinics, defendants (or those found by the jury to be acting in concert with them) have continued to engage in protest activity toward some of the clinics using tactics that are harassing to patients and clime staffs, that are violative of plaintiff clinics’ common law and constitutional rights, and that threaten safe, accessible abortions for women seeking medical services at plaintiff clinics. Appellants also attack the sufficiency of the evidence supporting the trial court’s first conclusion of law in B/J point twenty-seven OR point thirty-one. They argue that because the findings are erroneous, the court’s conclusion cannot stand because it is without a factual base. Conclusion of Law No. 1 states: Absent injunctive relief, defendants are likely to continue to engage in the tortious conduct found by the jury to be in violation of plaintiff clinics and physicians’ common law and constitutional rights, and such conduct is likely to cause plaintiff clinics and physicians irreparable harm. Appellants argue the evidence is insufficient to support the injunction because appel-lees called only three witnesses to testify at the hearing on the injunctive relief, and these witnesses did not provide testimony relevant to the standard for determining the necessity for and nature of constitutionally permissible injunctive relief. Our review of the record, however, reveals evidence of the conspiracy to interfere with the business, property and privacy rights of appellees, which threatened imminent, irreparable harm. In addition to the evidence adduced at the hearing on the injunction, ample evidence supporting the injunctive relief was provided at the jury trial. The record contains evidence of appellants’ interference with business, privacy and property rights, which is relevant to the harm element necessary for the permanent injunction. Appellees presented evidence that from early 1992 up to and including the time of trial, appellants engaged in blockades and used aggressive “sidewalk counseling” by yelling, screaming and following patients at the clinics. The jury saw numerous videotapes and photos of blockades at the climes during the Convention. At times during the Convention there were estimated to be a thousand people outside Planned Parenthood. Judy Reiner, Planned Parenthood’s Deputy Director, Dr. Jerry Edwards, an appellee, and Larissa Lindsay, a clinic escort, all testified they saw appellants and those operating at their direction attempting to or successfully impeding or preventing clinic access. Reiner testified that it was obvious the protests were organized and that the large numbers of people were not appearing spontaneously. Reiner testified she saw Keith Tucci, the former national director of Operation Rescue, outside her clinic several times. Reiner testified the protesters were not peaceful, but instead attempted to block patients’ access to the clinic. They got within inches of the patients’ faces and often touched them. She told how “escorts” had to form a human circle around patients to get through the mobs to the entrance during large protests. She described the patients’ and staffs attempts to gain access to the clinics “like running a gauntlet.” Reiner testified Planned Parenthood has had bomb threats, defacement of the building, thrown bottles and rocks, the locks glued shut, and two butyric acid attacks. She described an invasion at Planned Parenthood that occurred in 1989 or 1990 for which Treshman claimed credit. The protesters entered Planned Parenthood and chained their necks to cement blocks. Daniel Scott, a Planned Parenthood employee, testified he fears being shot every time he leaves the building. Jesse Miller, a protester associated with Rescue America, told Scott in March 1994, “This is the day you die, brother.” Reiner testified that Planned Parenthood and the other climes and physicians took seriously the threats made by Tucci and Treshman and those who work under their direction. She testified to the repairs made to the building and measures taken to safeguard the building, staff and patients. Don Treshman testified about the aggressive sidewalk counseling promoted by Rescue America and discussed rescues or blockades conducted at the plaintiff clinics. Although Treshman did not participate, his publication, Rescue America’s Newsline, advertised a picket at Dr. Kaminsky’s house. Treshman invited Rev. Michael Bray, who advocated justifiable homicide of abortionists, to speak at a Rescue America conference in the summer of 1993. Treshman acknowledged that Rescue America will use any methods it deems necessary to save unborn children. The jury saw the videotaped confession of Joshua Graff, admitting he “interfered” with the operation of the West Loop Clinic by trying to blow it up. Treshman admitted that the technique Graff used to firebomb the West Loop Clinic was virtually identical to the one he described in detail on his hotline. Tucci wrote to followers on Operation Rescue letterhead, “if you believe abortion is murder, act like it’s murder.” Many of those engaged in protest activities, such as Tom Wieghard and Rusty Thomas, advertised themselves as members of Operation Rescue by wearing its T-shirts. Both told Reiner they acted on behalf of Operation Rescue. Thomas was shown on a video shouting “Murderer” at a protest. John Moloney, described as a Rescue America operative, testified that the common goal of those he worked with was to end abortion by preventing women from going inside the climes and by preventing physicians from performing abortions. Moloney was seen at clinic protests hundreds of times and also conducted many residential pickets. At these protests, Moloney was seen directing Daniel Ware, who was later arrested on weapons charges for carrying prohibited firearms in his car. The physicians testified that appellants’ actions negatively affected their patients’ mental and physical health and made medical procedures more risky. In addition, they testified about the protests at their homes. Dr. Jerry Edwards testified his home had been picketed twelve or fifteen times, the picketing continued after the Republican Convention up to “last weekend.” He testified that protesters bring signs, come into his yard, play loud music, yell and make threats. Photographs were admitted showing the protesters at his residence. He testified he and his young daughter received death threats. He testified he did not feel comfortable at his home and had placed it for sale. He also described protest activities at Planned Parenthood, where he worked as medical director. These activities interfered with his ability to work and caused stress to his patients. Judy Reiner of Planned Parenthood testified she was present at two pickets at the homes of Drs. Edwards and Rosenfeld and saw people associated with Rescue America. She did not see Treshman, Tucci, Benham or Jewitt, however. Dr. Robert Kaminsky testified his office, Women’s Medical Center of Northwest Houston, is picketed regularly. He saw Treshman picket there about five times. He testified James Doyle followed him in his car once. The previous Saturday his business was significantly interfered with by pieket-ers. He testified the activities of protestors pose a health risk to his patients. His house has been picketed about two dozen times. A “Wanted” poster with a photograph of Dr. Kaminsky was used during the picketing. Mrs. Kaminsky testified their home had been picketed about fifteen times, the last time on the previous Saturday. Mrs. Kaminsky also testified she does not feel safe because the protesters follow them to work. Mrs. Ka-minsky testified she saw several of Tresh-man’s followers outside both her home and her husband’s office several times. She could identify Treshman’s followers because she saw them taking direction from him or from John Moloney. She saw John Moloney and James and Estelle Pratt picket their home. She had also seen the Pratts and James Doyle with Treshman in front of their office. A videotape of picketing at the Ka-minsky residence was introduced into evidence. On the tape, Moloney shouted at Mrs. Kaminsky, “there is a just punishment that you deserve.... This is just a small taste of what’s coming down the pike. We trust we won’t have to do it.” She described that picket as a “huge shoving match.” She testified John Moloney grabbed her, and her teenage daughter was pushed to the ground by activists in her front yard. This incident occurred shortly after Dr. David Gunn was murdered outside an abortion clinic in Pensacola, Florida while a Rescue America-sponsored picket was taking place, and Mrs. Ka-minsky testified she feared for her husband’s safety. She did not want her husband to come outside during the confrontation with the picketers, but he eventually helped his wife and daughter return to the house. Mrs. Kaminsky testified the event was very scary and upsetting. She described it as “the most terrifying thing I’ve ever been through.” A few days later, Treshman praised Moloney for the Kaminsky picket on his hotline. Dr. Doug Karpen testified he had seen Treshman at clinic demonstrations and had met him at Hobby Airport, where Treshman and five others followed him. Treshman and Benham admitted monitoring and following Dr. Karpen in a joint effort with Dallas Rescue for more than six weeks. Dr. Karpen practices at Aaron’s Women’s Clinic and at Women’s Pavilion. He testified protestors had tried numerous time to block access at Aaron’s, including an attempted blockade during the Republican Convention and an actual blockade about that time, organized by Operation Rescue and Treshman. There were two attempted blockades at The Women’s Pavilion during the Convention. Dr. Karpen’s house had been picketed about three to four times, but not within the past two and a half years. Dr. Bernard Rosenfeld testified demonstrations occur every Saturday at the Houston Women’s Clinic where he works. The clinic had been subjected to acts of vandalism, including acid attacks, gluing of door locks, and flooding of his clinic. Many patients had been accosted by protestors and had been “extremely stressed out,” making the medical procedures “much more dangerous.” Dr. Rosenfeld testified that his house has been picketed about six to eight times and his driveway has been blockaded by protesters. This activity interfered with his ability to work and terrorized his wife and children. The activists told his three and four-year old children, “Your daddy kills babies.” Photographs were admitted showing the protesters at his residence. Dr. Adebayo Adesomo testified Don Tresh-man of Rescue America was the leader of the protesters at his office at Suburban Women’s Clinic during the Republican Convention. Treshman denied he was the leader of that protest, and claimed he only went there to talk to the press. Dr. Adesomo admitted his house had not been picketed. He testified that he was aware that an anti-abortion protester who was an admitted follower of Rescue America had killed a physician working at an abortion clinic, and he feared the same fate could happen to anyone performing abortions. Dr. Coleman died before trial, and his deposition was not taken. He worked at AZ Women’s Health Services and at the West Loop Clinic. The evidence was that his house had been picketed several times. Treshman admitted he “organized, conducted and announced” a picket at Dr. Coleman’s funeral. The evidence from the hearing on the in-junctive relief is directed to the issue of irreparable harm and is summarized as follows. Dr. Morris Taggart, a psychologist, testified about the emotional impact of picketing on patients and staff. He interviewed eight employees of Planned Parenthood. He characterized the reactions of those he interviewed as those of “people having undergone some kind of trauma.” The workers reported being physically jostled on arrival at the clinic, and they were yelled at with cries of “baby murderer.” The staff was upset and unable to work after these incidents. In Dr. Taggart’s opinion, a buffer zone banning “harassing speech” was necessary because of the distress to staff and patients. He testified restrictions are necessary most importantly to prevent physical contact, but also to reduce the proximity of the yelling and screaming. He admitted that on four visits to the Planned Parenthood clinic, he observed only “peaceful protests.” Dr. Dale Hill, also a psychologist, interviewed three patients, three nurses, one doctor and one volunteer in January 1994. In her testimony, she described the encounters with protesters. The patients and staff reported being “hollered at” and “physically transgressed.” Some received threats, such as, “You need to die.” She concluded protesting was harmful to patients and staff, and a buffer zone is necessary to protect them from psychological and emotional trauma. She observed protests at Planned Parenthood, but never observed any violence at the protests. Her own ingress or egress was not blocked during her three trips to Planned Parenthood. Laura Lindsay, a Planned Parenthood employee, primarily introduced photographs and diagrams of the clinics setting forth the requested buffer zone areas. She demonstrated through photographs that signs held outside the buffer zones could still be read. She admitted there are numerous differences about the clinics as to the level of traffic, noise, parking, or whether the clinic is in a residential area as opposed to downtown Houston. She acknowledged that, since the 1992 Republican Convention, Planned Parenthood has constructed a wall higher than six feet and a private enclosed drive provides access to the entrance door. Appellants called Mary Hall Kleypass, a pro-life “sidewalk counselor.” She testified she approaches women considering abortion and offers literature about the “development of the baby as well as a place where she could go for help.” To be successful, “sidewalk counseling” involves “direct interaction” with the women, using “eye contact.” She denied she uses intimidation or grabs anyone, but instead counsels “gently and quietly.” She testified that counseling could not be done from across the street because she would be forced to yell and could not interact with the women. However, on cross-examination Kleypass admitted she is not a party to this case, does not know most of the appellants, does not act in concert with them, and is not subject to the injunction. The party seeking an injunction must establish the defendant “will engage in the activity enjoined.” State v. Morales, 869 S.W.2d 941, 946 (Tex.1994). Appellants argue there is no evidence of imminent harm because the spotlight of national politics has moved from Houston and most of the individual defendants have left Houston. They contend that all individuals except Flip Benham, who lives in Dallas, reside out of state. According to appellants, there is no continuing threat of irreparable harm. We disagree. The evidence at trial shows that appellants Treshman and Rescue America are Houston-based. Appellant Operation Rescue has operatives here. Operation Rescue and its leaders directed and controlled the activities of sympathetic followers in Houston. There was evidence presented at trial that Daniel Ware, Tom Weighard, Rusty Thomas, John Byrd, C.D. Money, Jesse Miller, and other persons in Houston act at the direction or control of appellants in harassing, threatening and interfering with appel-lees. Tom Wieghard, a member of Operation Rescue, signed Operation Rescue’s pledge “to follow the mission’s leadership” and engage in its activities “as directed.” Weigh-ard admitted his intention was to interfere with Planned Parenthood’s business. He admitted he supervised and instructed “anyone who was out there” in front of the clinics, including Joshua Graff, and that he assisted at the blockade of the A-Z Clinic. He testified he had been taught techniques for these activities by coordinators for Operation Rescue-National. Jeff White, director of Operation GOP (“Guard Our Preborn”), the name given the protest activities during the Convention, announced that after the Convention, Operation Rescue “had left behind a thriving pastor-lead rescue community in Houston.” None of the appellants testified that they were willing to stop their activities. Most expressed a clear intention to violate any court order that interfered with their activities. Pat Mahoney of . Operation Rescue testified to holding a “Boston Tea Party” where he publicly destroyed a copy of Judge O’Neill’s initial TRO and said he would do the same thing again. Flip Benham, national director of Operation Rescue, testified he intended to continue his activities. He testified that Operation Rescue will live out its gospel in the streets despite injunctions and court orders.” Operation Rescue literature makes it clear that “[t]he threats of rescues will hang over the killers’ heads every day.” Treshman testified Rescue America intends to continue to blockade clinics, “continue to use any effective means we feel will save lives,” continue residential picketing, and “continue all activities and all avenues that are effective in stopping the abortion Holocaust.” Bob Jewitt wrote to Operation Rescue supporters that “[tjhose of us included in the injunction admitted that we already had an injunction from God to rescue children no matter how the judge would rule.” Keith Tucci, former national director of Operation Rescue, wrote, “[n]o matter what the laws say, we are committed to keep rescuing children.” He stated in another letter “we will continue our ... direct action_” Reiner testified the protests continued through her testimony at trial. In making its determination of imminent harm, the trial court may determine that, when violations are shown up to or near the date of trial, the defendant has engaged in a course of conduct and the court may assume that it will continue, absent clear proof to the contrary. Texas Pet Foods, 591 S.W.2d at 804. The probability of the continuation of the prohibited practices is not subject to direct proof, and injunctive relief is proper when the trial court finds it justified under the rules of equity, notwithstanding a defendant’s cessation of the activity or promise to cease the activity. Id. Here, there was evidence that threats of violence, interference, and invasion of personal and property rights continued up to and during trial. There was no “clear proof to the contrary.” Under Texas law, a violation of a constitutionally guaranteed right inflicts irreparable injury warranting injunctive relief. Southwestern Newspapers Corp. v. Curtis, 584 S.W.2d 362, 368 (Tex.Civ.App.—Amarillo 1979, no writ); see also Iranian Muslim Organization v. City of San Antonio, 615 S.W.2d 202, 208 (Tex.1981). In addition, disruption of business constitutes the type of harm for which an injunction may issue. Liberty Mut. Ins. Co., 812 S.W.2d at 666. When faced with similar facts, this court found that violation of a clinic lessee’s constitutional property rights caused irreparable harm. Right to Life Advocates, Inc. v. Aaron Women’s Clinic, 737 S.W.2d 564, 571 (Tex.App.—Houston [14th Dist.] 1987, writ denied), cert. denied, 488 U.S. 824, 109 S.Ct. 71, 102 L.Ed.2d 47 (1988). When the clinic faced a continuation of picketing and harassment by abortion protesters, we determined that a suit for money damages for loss of business was insufficient, and the only adequate remedy was an injunction limiting the protests. Id. In this case, when the jury inquired whether it had to determine that each appellant personally violated the physicians’ privacy and property rights, the court instructed that it could “consider the acts of non-defendants if those persons committed the act, if any, as agents of the listed Defendants. An agent is one who consents to act on behalf of and subject to control of another, the principal, who has manifested consent that the agent shall so act.” Appellants make no complaint on appeal as to this instruction. Therefore, we conclude that it is immaterial that each of the individual appellants were not identified as personally engaging in many of the protest activities. It is not essential that each conspirator be shown to have acted in concert with his co-conspirators. See Bourland v. State, 528 S.W.2d 350, 354 (Tex.Civ.App.—Austin 1975, writ ref'd n.r.e.). Once a civil conspiracy is proven, each conspirator is responsible for the acts done by any other conspirator to further the conspiracy. Carroll v. Timmers Chevrolet, Inc., 592 S.W.2d 922, 926 (Tex.1979). We find sufficient evidence for the jury to have concluded that the participants in the illegal protests followed the direction of Operation Rescue and Rescue America and their leaders. While appellants denied they organized the protests, many of their denials were impeached by their own writings and deposition testimony. The jury, as the sole judge of the credibility of the witnesses and the weight to be given to their testimony, was free to disregard the testimony of any witness and resolve inconsistencies in the testimony. McGalliard v. Kuhlmann, 722 S.W.2d 694, 697 (Tex.1986); Skrepnek v. Shearson Lehman Bros., Inc., 889 S.W.2d 578, 579 (Tex.App.—Houston [14th Dist.] 1994, no writ). We conclude that the evidence is sufficient to support the jury’s finding that appellants conspired to violate, and did violate, the privacy and property rights of the physicians. In addition, the evidence is factually sufficient to support the trial court’s findings in granting the requested injunctive relief both as to the clinics and in favor of the physicians. The contrary evidence is not so overwhelming as to render the court’s judgment unjust. Therefore, we also conclude that the trial court’s conclusion of law in support of the necessity of the injunction is not erroneous. We overrule OR’s points of error eight through thirty-one and B/J’s points eight through twenty-seven. B. Constitutional Complaints In B/J point one and OR point forty-three, appellants contend the permanent injunction order is void because it violates the right to freedom of speech guaranteed in the First Amendment of the United States Constitution, as construed in Madsen v. Women’s Health Center, Inc., 512 U.S. 753, 114 S.Ct. 2516, 129 L.Ed.2d 593 (1994). They also contend the injunction is unconstitutionally overbroad in violation of the First Amendment rights of freedom of speech, press and association in B/J point three and OR point forty-four. In Madsen, the United States Supreme Court set forth the standard for evaluating the constitutionality of a content-neutral injunction such as the one at issue here. We must determine “whether the challenged provisions of the injunction burden no more speech than necessary to serve a significant government interest.” Madsen, 512 U.S. at 765, 114 S.Ct. at 2525. This standard is based on the Court’s earlier pronouncement that when sanctionable “conduct occurs in the context of constitutionally protected activity ... ‘precision of regulation’ is demanded.” NAACP v. Claiborne Hardware Co., 458 U.S. 886, 916, 102 S.Ct. 3409, 3427, 73 L.Ed.2d 1215 (1982). In B/J point two and OR point forty-two, appellants also complain the injunction violates the Texas constitution and is not the least restrictive means of protecting the governmental interests involved, in violation of Ex parte Tucci, 859 S.W.2d 1 (Tex.1993) (plurality opinion). The Texas Constitution’s broad command that “[ejvery person shall be at liberty to speak ... opinions on any subject” provides greater rights of free expression than the First Amendment of the United States Constitution. Davenport v. Garcia, 834 S.W.2d 4, 10 (Tex.1992) (citing Tex. Const, art. I, § 8). For this reason, restraints on expression may be imposed only if the injunctive relief granted encompasses “the least restrictive means” of protecting against the alleged imminent and irreparable harm caused by the expression. Tucci, 859 S.W.2d at 6. The Texas Supreme Court recognized in Tucci that constitutional protection of freedom of speech and assembly does not license obstruction of public ways or entrances and exits from places of business. Tucci, 859 S.W.2d at 4. Without unimpaired access to appropriate counseling and medical facilities, women are deprived of their constitutional guarantee of choice. Id. In Tucci the supreme court considered only the portion of the temporary restraining orders on which the contempt convictions were based and which barred: Demonstrating within one-hundred (100) feet from either side of or in front of any doorway entrance or exit, parking lot, parking lot entrance or exit, driveway, or driveway entrance or exit at [any of the] clinic[s] or parking lots. Id. at 4-5. In striking down the 100-foot speech free zone, the supreme court found the limited record before the trial court did not support the ban and noted that although a map of the Planned Parenthood facility was referred to at the hearing on the restraining orders, no evidence was admitted as to the different physical facilities of the various clinics. Id. at 6. Instead, those seeking the restraint urged a uniform restriction for “administrative convenience.” Id. The court left open the possibility of a permanent injunction imposing a limited geographical ban on activity as long as any restriction is justified by a proper evidentiary showing that such measures are essential to preserve the right of clinic access, and that each satisfies fully the standard we have required under the Texas Constitution.” Id. The court required “specific findings supported by evidence” that the speech-free zone is the least restrictive means to insure unimpeded access to clinics and guard against intimidation and harassment. Id. While we recognize that our supreme court has held that the Texas constitution generally provides greater free speech rights than those provided under the federal constitution, we conclude that the standards of review for the constitutionality of this injunction are essentially the same under both the United States Constitution and the Texas Constitution. Any buffer zone injunction must “burden no more speech than necessary” and be the “least restrictive means” to protect unimpeded access to the climes and residences. In Madsen, the United States Supreme Court considered the constitutionality of a state court injunction prohibiting anti-abortion protestors, including Operation Rescue and “Operation Rescue America,” from demonstrating outside a health clinic in Florida. Among other restrictions, the injunction prohibited the protestors, from “congregating, picketing, patrolling, demonstrating or entering” any portion of the public right-of-way or private property within 36 feet of the property line of the clinic to ensure access to the clinic. Madsen, 512 U.S. at 768, 114 S.Ct. at 2526. In upholding this part of the injunction, the Supreme Court recognized that the state court had “few other options to protect access,” and the Court gave deference to the state court’s familiarity with the facts and the background of the dispute between the parties, even in light of its heightened review. Id. at 769, 114 S.Ct. at 2527. The Court considered the fact that an earlier, more narrow injunction failed to accomplish its purpose, but stopped short of setting any requirement for a similar failure of a narrow restriction as a prerequisite for injunctions in future cases. Id. The Court concluded that “the 36-foot buffer zone around the clinic entrances and driveway burdens no more speech than necessary to accomplish the governmental interest at stake.” Id. The Supreme Court in Madsen also identified numerous significant government interests protected by the injunction, including: a woman’s freedom to seek lawful medical or counseling services in connection with her pregnancy; ensuring public safely and order; promoting the free flow of traffic on public streets and sidewalks; protecting the property rights of citizens; and protecting residential and medical privacy. Madsen, 512 U.S. at 767-68, 114 S.Ct. at 2526. The Court found that these governmental interests were sufficient to justify an appropriately tailored injunction to protect them. Id. Here, the same significant governmental interests exist, and almost identical interests are listed in the trial court’s conclusions of law. We hold that the governmental interests in this case are sufficiently significant to justify and demand injunctive relief. We now must evaluate the terms of the injunction to determine if they contain the least restrictive means of protection and are tailored to burden no more speech than necessary. In Madsen, the United States Supreme Court upheld a complete buffer zone to protect access to the abortion clinic at issue. The only provision of the clinic buffer zone that the Court struck down was that portion which extended onto the private property of adjoining landowners at the sides of the clinic. The zones at issue here do not extend onto private property other than the properly on which their clinics or homes are situated. Each of the distance restrictions in the buffer zones in this case are narrower than the 36-foot zone upheld in Madsen. The trial court in this case conducted an evidentiary hearing in addition to the jury trial. Appellants agreed to stipulate to maps, photographs and written descriptions of the proposed buffer zones that were introduced in evidence. Photographic evidence demonstrated that appellants could still be seen outside the prohibited zones. Each zone has been specifically tailored to the geography of the particular clinic. The width and breadth of each zone varies widely depending on the physical characteristics and location of each clinic. The zones range from fifteen to thirty-two feet, depending upon the particular requirements for adequate clinic access. For example, there was testimony that patients were required to cross two streets from the parking lot to the Planned Parenthood entrance. Narrow eorridors were provided across these streets to enable patients to cross the streets without fear of -unwanted interference. At the A-Z Women’s Clinic, which is located in a high-rise office building, the prohibited zone is fifteen feet from the driveways leading to the clinic’s private parking lots, leaving one lane of traffic open for cars to enter and exit. Appellants can still be seen and heard at these locations. The West Loop Clinic has one of the largest buffer zones, thirty-one feet. It is justified due to the physical lay-out of the clinic which fails to provide any separation between appellants and arriving patients. In addition, the West Loop Clinic has been the target of repeated and dangerous acts of protest, including butyric acid attacks and fire-bombing. We believe that the injunction satisfies the Texas Supreme Court’s concern that distances not be imposed based solely upon “administrative convenience.” Tucci, 859 S.W.2d at 6. We find that the evidence established that these zones are the least restrictive means and are “essential to preserve the right of clinic access” as required by Tucci See Tucci 859 S.W.2d at 7. In addition, we find the injunction satisfies Madsen’s requirement for “precision of regulation” to insure that the injunction burdens no more speech than necessary. Madsen, 512 U.S. at 767, 114 S.Ct. at 2525-26. Appellants also argue, as part of B/J’s points one through three, that the injunction on picketing near the clinics and physicians’ residences is overbroad. OR raise essentially the same argument under their point of error forty-four. They contend that the injunction improperly bans all speech included within the term “demonstrating” within the buffer zones. This argument is unpersuasive because the United States Supreme Court upheld a complete ban on “demonstrating” within a 36-foot “speech-free” zone in Madsen. Id. at 768-69, 114 S.Ct. at 2526-27. Appellants also contend the ban on residential picketing is unconstitutional. The injunction banned all “picketing, patrolling, or demonstrating within ... zone[s] along the entire ... street edge of [each physician’s] property extending 13 feet from the property line” into the street where the residence is located. Appellants maintain that the United States Supreme Court’s decision in Frisby v. Schultz, 487 U.S. 474, 108 S.Ct. 2495, 101 L.Ed.2d 420 (1988) controls the constitutionality of the ban on protests at the physicians’ residences. The Court traditionally subjects restrictions on public issue picketing to careful scrutiny. The restrictions must be narrowly tailored to serve a significant government interest and must leave open ample alternative channels of communication. Id. at 482, 108 S.Ct. at 2501. In Frisby, the Court upheld an ordinance banning picketing in residential neighborhoods, finding antiabortion protestors had ample alternative means to proselytize their views. Id. at 484, 108 S.Ct. at 2502. The Court construed the ban narrowly as prohibiting focused picketing taking place in front of a particular residence. Id. at 483, 108 S.Ct. at 2501-02. The Court also found the restriction served a significant government interest: the protection of residential privacy. Id. A restriction is narrowly tailored if it eliminates no more than the exact source of the “evil” it seeks to remedy. Id. at 485, 108 S.Ct. at 2502-03. The Court found that focused picketing inherently and offensively intrudes on residential privacy. Id. at 486, 108 S.Ct. at 2503. The First Amendment permits the government to prohibit offensive speech as intrusive when the “captive” audience cannot avoid the objectionable speech. Id. at 487, 108 S.Ct. at 2503-04. The Court concluded that a complete ban on targeted picketing is narrowly tailored to eliminate the “evil” of an unwelcome visitor at the home. Id. The Supreme Court applies a “somewhat more stringent application of First Amendment principles” when evaluating an injunctive order than it does when a content-neutral, generally applicable statute is reviewed, as was the case in Frisby. Madsen, 512 U.S. at 765, 114 S.Ct. at 2524. Consequently, the injunction must satisfy the review announced in Madsen, that is, it must burden no more speech than necessary to serve a significant government interest. Id. at 765, 114 S.Ct. at 2525. The injunction in Madsen prohibited picketing and demonstrating within 300 feet of the residences of clinic staff. Id. at 774, 114 S.Ct. at 2529. In striking down this provision, the Court found a 300-foot zone would ban general marching through the neighborhood or even a walking route in front of an entire block of houses, instead of a prohibition on “focused picketing taking place solely in front of a particular residence” that the Court had approved in Frisby. Id. at 775, 114 S.Ct. at 2530. The court recognized that a “limitation on time, duration of picketing, and number of pickets outside a smaller zone could have accomplished the desired result.” Id. The more narrow restriction proposed by the U.S. Supreme Court is precisely what the trial court imposed in this case. This injunction prohibits protests in a small zone in front of each doctor’s residence. There are time limits within each 24r-hour period and limits on sound amplification within 100 feet of the residences. In Madsen, the Supreme Court approved even broader limitations on sound amplification near the residences of clinic staff. Id. at 774, 114 S.Ct. at 2529. Appe