Abortion-Rights Opponents File Suit Against Massachusetts Law Expanding Abortion Clinic Buffer Zones

Main Category: Abortion
Also Included In: Litigation / Medical Malpractice
Article Date: 24 Jan 2008 - 10:00 PDT

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Several abortion-rights opponents recently filed a lawsuit in U.S. District Court in Boston against a Massachusetts law that establishes a 35-foot buffer zone around abortion clinics, claiming that the expanded zone violates their free-speech rights, the Boston Globe reports. The suit also seeks a preliminary injunction barring enforcement of the law, the Globe reports (Finucane, Boston Globe, 1/19).

The law, which was signed by Massachusetts Gov. Deval Patrick (D) in November 2007, expanded abortion clinic buffer zones from 18 feet to 35 feet. The previous law, enacted in 2000, said protesters could not go within 6 feet of a person in an 18-foot zone outside a clinic's doors. The law does not apply to hospitals (Daily Women's Health Policy Report, 11/15/07). According to the suit, the law is "an unconstitutional regulation designed and intended to ban virtually all citizens from engaging in fundamental rights and liberties on significant portions of public sidewalks and streets" near abortion clinics (Boston Globe, 1/19).

The Alliance Defense Fund is backing the suit. Attorney General Martha Coakley (D) will defend the law, according to spokesperson Melissa Sherman. Sherman declined to comment on the suit because Coakley's office had not yet seen it. According to the AP/Worcester Telegram, a hearing date has not yet been set (Maguire, AP/Worcester Telegram, 1/18).

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Angus McQuilken, vice president of public affairs for Planned Parenthood League of Massachusetts, said the law "strikes the appropriate balance between free speech and the right to access health services free from violence, harassment and intimidation" (Boston Globe, 1/19). Rebecca Deusser, a spokesperson for Patrick, said the law was "carefully drafted to ensure that no one's constitutional rights would be compromised" (AP/Worcester Telegram, 1/18).

Philip Moran -- a Salem, Mass.-based lawyer who is representing the plaintiffs, several of whom are members of Operation Rescue: Boston -- said, "We just feel that ... the Legislature's gone too far," adding that the plaintiffs "have good law on our side to get it overturned" (Boston Globe, 1/19).

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