Welcome to Scribd. Sign in or start your free trial to enjoy unlimited e-books, audiobooks & documents.Find out more
Standard view
Full view
of .
Look up keyword or section
Like this

Table Of Contents

0 of .
Results for:
No results containing your search query
P. 1
Protest Zone Decision

Protest Zone Decision

|Views: 12,517|Likes:
Published by tebrown
Protest Zone Decision by Judge William Sessions III on appeal by protesters at Planned Parenthood clinic in Burlington.
Protest Zone Decision by Judge William Sessions III on appeal by protesters at Planned Parenthood clinic in Burlington.

More info:

Published by: tebrown on Feb 21, 2013
Copyright:Attribution Non-commercial


Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less





 AGNES CLIFT, AMY COCHRAN, :MOLLY JESSE, JEAN OSBORNE, :RITA MANTONE, and BRIDGET :MOUNT, :Plaintiffs, :: Case no. 2:12-cv-214v. ::City of Burlington, Vermont, ::Defendant. ::
MemorandumOpinion and Order
Six Vermont residents, Agnes Clift, Amy Cochran, Molly Jesse, Rita Mantone, Bridget Mount, and Jean Osborne (the“Plaintiffs”) have brought facial and as-applied challenges tothe constitutionality of Burlington Code § 21-113(2) (the“Ordinance”) under 42 U.S.C. § 1983. The Ordinance creates afixed buffer zone extending 35 feet fromthe premises of areproductive health care facility (“RHCF”) within whichindividuals may not “knowingly congregate, patrol, picket ordemonstrate” unless they fall within one of five exemptions. The Plaintiffs claimthat the Ordinance violates their First andFourteenth Amendment rights because it discriminates on thebasis of content and viewpoint; because it is an invalid time,place, and manner restriction; because it is substantially
Case 2:12-cv-00214-wks Document 29 Filed 02/19/13 Page 1 of 74
2overbroad; and because it is unconstitutionally vague. Compl.¶¶ 142-97, ECF No. 1.Before the Court are two motions. For the reasons statedbelow, the Court
the Citys Motion to Dismiss the facialchallenges to the Ordinance, ECF No. 13, and
PlaintiffsMotion for a Preliminary Injunction, ECF No. 8.
 The Ordinance
On July 16, 2012, the Burlington City Council (the“Council”) amended the City’s Code of Ordinances by adopting anew article, Article IX, Health Center Buffer Zones. BurlingtonCity Ordinance (“BCO”) § 21-111
et seq
. Article IX consists ofive sections.Section 21-111 lists the Councils findings. The Councilrecognized the need to balance individuals' First Amendment“right to speak for or against certain medical procedures” withother individuals’ “right to obtain medical counseling andtreatment in an unobstructed manner.BCO § 21-111. TheCouncil explained that in adopting the Ordinance, its intentionwasto ensure public safety and order, regulate the use opublic sidewalks and other conduct, promote the free flowof traffic on streets and sidewalks, reduce disputes andconfrontations requiring law enforcement services, protectproperty rights, protect First Amendment freedoms of speechand expression and secure a persons right to seekreproductive health care services.
Case 2:12-cv-00214-wks Document 29 Filed 02/19/13 Page 2 of 74
And the Council concluded that the limited buffer zoneestablished by the Article was “necessary to ensure thatpatients have unimpeded access to reproductive health careservices while also ensuring that the First Amendment rights of people to communicate their message to their intended audienceis not unduly restricted or overburdened.
Section 21-112 defines several terms used throughoutArticle IX:(1)
Reproductive Health Care Facilities
shall mean anybuilding, structure or place, or any portion thereof, atwhich licensed, certified, or otherwise legally authorizedpersons provide health care services or health carecounseling relating to the human reproductive system.
Buffer Zone
means an area of protection surroundingthe premises of a Reproductive Health Care Facility thathas a thirty-five (35) foot radius extending in alldirections.(3)
Premises of a Reproductive Health Care Facility
shallmean the driveway, entrance, entryway, or exit of aReproductive Health Care Facility and any parking lot inwhich the facility has an ownership, easement or leaseholdinterest or other property right.
shall include, but is not limited to1.
Not-for profit organizations;4.
Associations; and6.
Groups or other entities.
at § 21-112.Section 21-113 contains two separate provisions.Subsection (1), which is not challenged by Plaintiffs, prohibits
Case 2:12-cv-00214-wks Document 29 Filed 02/19/13 Page 3 of 74

You're Reading a Free Preview

/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->