The Madison, Wisconsin city council unanimously passed a buffer zone ordinance last week to protect people entering or exiting healthcare clinics, including women’s reproductive healthcare clinics, in the city. The new ordinance will require a 160-foot buffer zone around all healthcare clinics and a floating 8-foot buffer zone around people entering the clinics, with fines up to $750 for those who violate the boundaries. 

“No one attempting to access any type of health care should be greeted with physical confrontation, protesters in their face, or forcing leaflets into their hands,” said Janet Dye, Executive Director of NARAL Pro-Choice Wisconsin.  “Madison’s newly passed buffer zone will protect patient privacy and dignity while accessing health care.”

Just after the ordinance passed, anti-abortion group, Madison Vigil for Life, filed a legal challenge to the law, claiming that it violates the First Amendment, and asked a federal judge to issue an immediate injunction. The court rejected that request, leaving the law in place pending the resolution of the case.  

Clinic safety buffer zones are also a focus of the US Supreme Court this term. In the coming months, the Court will decide the fate of a Massachusetts law that creates a 35-foot safety buffer zone around women’s reproductive health clinics. The Court heard arguments in McCullen v Coakley in January. The Feminist Majority Foundation (FMF) joined other women’s and civil rights organizations to file an amicus brief in support of the Massachusetts law. FMF brought the first lawsuit in the nation on buffer zones to the US Supreme Court in 1994. That case, Madsen v. Women’s Health Center, established the constitutionality of an injunction creating a clinic safety buffer zone in Florida.

Media Resources: RH Reality Check 2/27/14, 3/3/14; Feminist Majority Foundation 1/15/14

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