Anti-abortion groups filed a lawsuit in federal court against the city of Madison for the approval of a buffer zone ordinance that aims to protect patients’ safety by establishing a restricted area around health care facilities.
The ordinance establishes a 160 foot zone around health care facilities where protesters are required to receive consent before coming within eight feet of individuals.
Those against the ordinance include groups such as Madison Vigil for Life, Inc., Students for Life of Madison and Badger Catholic, according to City Attorney Michael May. The city has 21 days to respond to the lawsuit since it was filed Feb. 26, according to the court summons.
The plaintiffs’ attorneys said in a memo to the city attorney, the ordinance violates freedom of speech. Since the ordinance applies to any health care facility, this could include university departments that perform controversial experiments including animal testing and genetic food modification, according to the memo.
The plaintiffs’ attorneys also said because the ordinance’s language is too vague, it violates the fair notice requirement of due process.
Ald. Lisa Subeck, District 1, said in a Feb. 25 Common Council meeting the ordinance is intended to protect patients, not restrict freedom of speech.
“This is aimed at the individuals who, instead of peacefully protesting, choose to harass patients,” Subeck said.
In the past, protesters have been accused of blocking vehicle entrance into health care facilities and preventing patients from hospital main entryways, according to May.
Greg Packnett, a Madison resident, spoke at the Feb. 25 Council meeting in support of the ordinance. Packnett said he was concerned for the safety of patients and doctors involved in reproductive health services, referencing the case of Ralph Lang, who was arrested by Madison police in 2011 for plotting to murder abortion doctors at a Madison East Planned Parenthood.
May said the ordinance does not violate any freedom of speech and a ruling made in Colorado, Hill v. Colorado, upheld the constitutionality of a similar buffer zone ordinance in the United States Supreme Court.
May said he predicts the ordinance will be upheld due to the judge’s preliminary ruling that the plaintiffs do not have a strong case.
