Sixth Circuit Considers Ten-Foot Buffer Zone

December 21, 2022 Update:
On December 21, 2022, the Sixth Circuit U.S. Court of Appeals ruled to temporarily bar the enforcement of a Louisville city ordinance that creates a buffer zone around health care centers, including a downtown abortion clinic that attracts protests on the basis that the buffer zone infringes on the First Amendment rights of protesters who demonstrate in front of the abortion clinic. The appeals court wrote in an opinion that the buffer zones impact the First Amendment rights of groups which “wish to offer leaflets and compassionate, if sometimes unwelcome, speech to women entering abortion clinics."

December 12, 2022 Alert:
On December 8, 2022, the Sixth Circuit heard argument regarding a no-standing buffer zone near a Kentucky women’s health clinic.  Sidewalk counselors asserted that a local ordinance which requires them to stay ten feet away from patients entering the medical facility violates their First Amendment rights.  In February, a lower court found the ordinance did not violate speech rights, and denied the plaintiffs’ requests to enjoin the ordinance.  On appeal, the plaintiffs argued both that the ordinance had the effect of preventing speech in an impermissibly large area, and that because the ordinance had an impermissible effect on speech the physical size of the buffer zone is irrelevant.  The appellate court asked the government’s attorney why the government had restricted speech before seeking injunctions or restraining orders against harassing individuals.  A decision in this case may impact the law applicable to buffer zone sizes, and whether local governments must do more than make arrests prior to implementing buffer zones.

As new developments arise, we will continue to update our Dobbs Decision Resource Center.  In the meantime, please contact one of the lawyers in Shipman’s Health Law practice group if you have questions about this ever-changing legal landscape.