BOSTON (AP) – Anti-abortion protesters have filed a federal lawsuit challenging the constitutionality of the Massachusetts law expanding protest-free zones around abortion clinics, claiming it privatizes sidewalks.
The 35-foot buffer zone law that took effect in November replaced the previous 6-foot “floating” zone, which survived a similar legal challenge when a federal appeals court upheld it and the U.S. Supreme Court declined to hear the case three years ago.
Four of the five plaintiffs are grandparents and claim in the suit filed Thursday in U.S. District Court in Boston that the expanded zone forces them into the street, where they’ve nearly been hit by cars while trying to persuade pregnant women from entering clinics.
“Basically they’ve privatized 35 feet of public sidewalks,” Philip Moran, an attorney for the protesters, said on Friday. “The Girl Scouts couldn’t sell cookies in that 35-foot zone. It prevents free speech.”
The suit is being backed by the Alliance Defense Fund, an anti-abortion and religious freedoms organization based in Scottsdale, Ariz. Moran, who was involved in the prior challenge, also asked the court for an immediate injunction to prevent enforcement of the law. No hearing date has been set.
One of the plaintiffs, 71-year-old Eleanor McCullen, has arthritis in her left knee and has trouble maneuvering around the buffer zone at a Boston clinic, “and thus was unable to effectively communicate her message,” the lawsuit claims. Another plaintiff claimed he was told by Brookline police on Dec. 27 that he would be arrested if he entered the zone.
Attorney General Martha Coakley, who was named as the defendant, will defend the law, spokeswoman Melissa Sherman said. She declined other comment because they had not seen the lawsuit Friday.
Abortion rights activists and lawyers say the broadest fixed buffer zone that has been upheld in court is 36 feet, created by court order at a clinic in Melbourne, Fla.
“This new law is already making a difference,” said Angus McQuilken, spokesman for Planned Parenthood League of Massachusetts.
“Patients are able to access our facilities with far less of the in-your-face harassment than they had to endure under the previous law.”
McQuilken and others said the original law was unenforceable. It prohibited anyone from approaching another person within 6 feet to hand out a leaflet or counsel that person without their consent.
State lawmakers began pushing for a buffer zone after John Salvi walked into two Boston-area clinics in 1994 and opened fire, killing two receptionists and wounding five others. He killed himself in prison in 1996. The original law passed in 2000.
“Women in Massachusetts have the right to obtain medical care free from violence, harassment or intimidation and the buffer zone law guards that right,” said Rebecca Deusser, a spokeswoman for Gov. Deval Patrick.
Patrick signed the 35-foot zone bill into law Nov. 13 and it took effect immediately.
AP-ES-01-18-08 1811EST
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