Citing a 2014 U.S. Supreme Court ruling, three Pennsylvania residents on Friday asked a federal judge to overturn a Harrisburg, Pennsylvania, ordinance that establishes a 20-foot "buffer zone" around abortion clinics and other medical facilities, PennLive reports (Miller, PennLive, 3/28).
Background on Supreme Court decision
In the 2014 McCullen v. Coakley decision, the Supreme Court overturned a Massachusetts buffer zone law prohibiting protests within 35 feet of abortion clinics, ruling that the law violated the First Amendment's right to free speech. The law, enacted in 2007, only permitted people to enter the 35-foot zone around abortion clinics to access the facility itself or reach another destination.
In the majority opinion, Chief Justice John Roberts wrote, "[B]uffer zones burden substantially more speech than necessary to achieve [Massachusetts'] asserted interests." Roberts was joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan, who agreed the law was unconstitutional because it was not narrowly tailored.
In a concurring opinion, the remaining justices agreed that the law was unconstitutional but said it was because the statute only targets the views of abortion-rights opponents (Women's Health Policy Report, 6/26/14).
Lawsuit filed against Harrisburg ordinance
The Pennsylvania residents filed their lawsuit against the Harrisburg ordinance in U.S. Middle District Court. The plaintiffs asked U.S. Middle District Court Senior Judge Sylvia Rambo to put in place a preliminary injunction blocking city officials from enforcing the requirement while the plaintiffs proceed with the underlying lawsuit.
The ordinance establishes a 20-foot buffer zone around the entrance of any medical facility in the city, including the two abortion clinics: A Planned Parenthood clinic on Second Street and an independent clinic, the Hillcrest Clinic, on North Front Street. Individuals who violate the ordinance face fines of between $50 and $300, and repeat offenders can receive up to a 30-day jail sentence.
The Harrisburg city council unanimously voted to implement the ordinance in 2012, citing safety concerns, after local police reported multiple incidents of antiabortion-rights harassment at the Planned Parenthood clinic. According to PennLive, officials with Planned Parenthood said abortion-rights opponents had harassed and threatened to people visiting the clinic and followed them to their cars.
In the lawsuit, the plaintiffs claim the ordinance violates the Supreme Court precedent set in McCullen and that the ordinance impedes the right to free speech. The plaintiffs also allege that it discriminates against abortion-rights opponents because clinic staff are permitted to express views in support of abortion rights within the buffer zone (PennLive, 3/28).
