Anti-abortion protesters ask federal appeals court to overturn buffer-zone law

By The Associated Press

05.10.01

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BOSTON — To women entering abortion clinics, making their way through throngs of protesters can be intimidating, advocates say.

But anti-abortion protesters say it's their right to get close and to offer the women their opinion on abortion as they head into clinics. They are asking a federal appeals court to overturn a Massachusetts law that forces them to stay at least 18 feet away from abortion clinics and six feet away from women entering clinics.

The law had been in effect for just 10 days in November when a federal judge issued an injunction and declared the law unconstitutional. But in December, the 1st U.S. Circuit Court of Appeals reinstated the law.

The appeals court heard full arguments in the case May 8.

Mark Rienzi, a lawyer for three anti-abortion protesters, argued that the law violates their First Amendment right to free speech. Rienzi said the law also favors abortion-rights supporters because it exempts clinic employees from the restrictions set by the buffer zone.

"It is giving unfair advantage to one side of the abortion debate," Rienzi said. "The bottom line is people who oppose abortion can be imprisoned for 2 ½ years while employees of abortion clinics or their agents are allowed to engage in the exact same behavior but are protected by the law."

But Assistant Attorney General Patricia Correa argued that clinic employees must be exempt from the buffer zone because they are sometimes required to help women into the building. Correa said the law does not impair the protesters' right to free speech, and also allows them to leaflet and display signs.

"It doesn't target any speech," Correa said. "It imposes a broad ban on approaches (toward women entering clinics) from anyone."

A similar Colorado law was challenged by anti-abortion protesters but was upheld last year by the U.S. Supreme Court.

Rienzi, however, argued that the Massachusetts law should be overturned because, unlike the Colorado statute, it exempts clinic employees.

Mary Anne McGuire, one of three anti-abortion protesters who sued state Attorney General Thomas Reilly and the state's district attorneys over the law, said she believes clinic employees sometimes try to interfere with the protesters.

"I've definitely seen evidence of interference with our efforts to offer a woman help, such as a flier being taken out of her hand," McGuire said.

State lawmakers began pushing for the buffer-zone law after gunman John Salvi killed two female workers at two Massachusetts abortion clinics in 1994.

The appeals court gave no indication as to when it would rule on the law.

Update

Federal appeals court bolsters state's buffer-zone law
Massachusetts statute requires protesters to stay at least 18 feet away from abortion clinics, at least 6 feet away from women entering clinics.  08.14.01