An anti-abortion activist accused of posting a social media video intended to intimidate a Planned Parenthood clinic escort will avoid a retrial after accepting a diversion agreement that could lead to dismissal of the case later this year.
The case against Anastasia Rogers, a member of The Survivors, an anti-abortion group, went to trial in San Francisco Superior Court last month. After several days of testimony, jurors failed to reach a unanimous verdict, prompting the judge to declare a mistrial on June 4.
Defense attorneys subsequently sought dismissal, arguing that the video constituted protected political speech and that prosecutors had failed to prove Rogers intended to intimidate anyone. However, a second jury trial was scheduled for June 30.
On Tuesday, the parties reached a diversion agreement under California Penal Code section 1001.95, which allows judges to pause certain misdemeanor cases and give defendants a chance to avoid conviction. The San Francisco District Attorney’s office has not explained why it agreed to diversion.
If Rogers complies with the agreement’s conditions, the court might dismiss the charges against her at a Sept. 23 progress hearing. Her supporters hailed the deal as a victory on social media, noting that she does not have to plead guilty or admit wrongdoing — a key difference from a traditional plea bargain.
The agreement also lifts a protective order that restricted Rogers’ activities while the case was pending. The court issued a new order barring Rogers from coming within 100 yards of the clinic escort featured in the video, though she may still be near the Planned Parenthood facility.
Rogers must also remove the video that sparked the prosecution from her Facebook and Instagram accounts and from her anti-abortion organization’s Instagram page.
The video shows Rogers extending a handshake beneath the caption “Unalive them with kindness” before cutting to a close-up of the volunteer escort and the words “Unalive them.” Social media posters frequently substitute “unalive” for “kill” to avoid moderation filters.
Police arrested Rogers in mid-December outside the Planned Parenthood health center on Bush Street in San Francisco after the person depicted in the video filed a complaint with the district attorney’s office.
Rogers allegedly violated California’s Freedom of Access to Clinic Entrances Act, which makes it a crime to record or distribute images of reproductive healthcare patients, providers, employees or volunteers with the intent to intimidate them from seeking or providing care.
Tensions persist outside clinics
The Rogers case unfolded as San Francisco officials and reproductive-rights advocates continue to debate how best to protect abortion patients, providers and volunteers.
At a June 18 City Hall rally, elected leaders, reproductive-rights advocates and LGBTQ+ organizations backed legislation by Supervisor Bilal Mahmood that would expand San Francisco’s Fair Chance Ordinance, commonly known as “Ban the Box.” The legislation would help prevent landlords and employers from denying housing or employment because of out-of-state convictions tied to abortion care, gender-affirming care or other conduct that is legal in California.
“Laws that were once unimaginable are now being used to investigate and punish people simply for seeking healthcare,” Mahmood said. “In our city, we are not about to let other states’ bigotry close those doors on them.”
While the rally focused primarily on shielding people from laws enacted elsewhere, leaders also addressed ongoing concerns about anti-abortion demonstrations outside Planned Parenthood.
Current and former volunteer escorts told the Public Press that anti-abortion protesters routinely approached patients near the Bush Street clinic and attempted to dissuade them from seeking care. Some questioned whether the city was adequately enforcing clinic-access laws, citing what they described as repeated violations of San Francisco’s buffer-zone protections.
Parenthood clinic in San Francisco on June 20, 2026. Credit: Neal Wong / San Francisco Public Press
Asked about those concerns, Dr. Nicole Barnett, president and CEO of Planned Parenthood Northern California, said protesters routinely move into restricted areas after police leave.
“The onus lies directly on the protesters,” Barnett said. “When the police come, they move back. When the police leave, they come in again.”
Dr. Diana Aroche, executive director of the San Francisco Department on the Status of Women, said city officials continue to work with the police department on training and enforcement while exploring additional protections for people seeking reproductive healthcare.
“We’re also looking to see if there are any other creative ways that we see in other cities throughout California to try to actually create more protections for anyone that’s seeking care,” Aroche said.
