Abortion clinic protests will be subject to a series of new rules if a Pittsburgh City Council majority holds to the initial vote it took yesterday.
If the restrictions become law, protesters would be barred from getting within 15 feet of the doors of any healthcare facility. Within 100 feet of the doors, protesters could not approach within eight feet of clients without their consent.
"The testimony today illustrated that there really is a problem" with harassment of clinic patients, said Kim Evert, chief executive officer of Planned Parenthood of Western Pennsylvania. "We're very appreciative."
"We'll continue what we're doing peacefully and prayerfully," said Amanda Neuzil, a student at Franciscan University of Steubenville in Ohio who frequently protests at city clinics.
"It's going to cost the city of Pittsburgh lots and lots and lots of money," said Joseph Parente, of the anti-abortion group Pittsburgh Rescue, predicting civil rights lawsuits should the ordinance be enforced.
Police Bureau Cmdr. Paul Donaldson told council the ordinance is enforceable.
Applying it on the streets, though, could be tricky.
Witold Walczak, legal director of the American Civil Liberties Union of Pennsylvania, said later that the U.S. Supreme Court has approved eight-foot "bubble zones" around clinic patients. But the bubble only applies if the protester approaches an unwilling patient, he said. A patient approaching a protester can't expect them to move eight feet away.
He had not finished his review of the constitutionality of the 15-foot "buffer zone" around doors.
Susan Frietsche, senior staff attorney at the Downtown-based Women's Law Project, said court injunctions creating protest-free zones had survived court challenges. She favored the ordinance because it is "an extremely narrow piece of legislation" that places "a minor place restriction" on speech to unwilling listeners.
Hours of testimony by about 70 public speakers focused on whether the thrice-weekly protests at several area clinics presented a danger worthy of a restriction on speech.
Protesters like Kristen Panico, of Brighton Heights, said they only were trying to present options to women, and invited council members to attend their events before voting.
Claire Keyes, director of Allegheny Reproductive Health Center in East Liberty, said the growing protests "are becoming increasingly unsafe." She cited pushing and shoving, and alleged incidents in the 1980s and 1990s in which her clinic was firebombed, flooded and fired upon.
Cmdr. Donaldson said officers have been called to Planned Parenthood's Downtown location to look into harassment or disorderly behavior 22 times in the last six months. No arrests were made.
Both sides invoked spiritual ideals.
Women and men "are capable of choosing from the center of their souls' values," said the Rev. Bebbe Wheeler Stone of the Presbyterian Church of Mount Washington, who escorts clients to clinics.
"It is clear that this [ordinance] is designed specifically to prevent one group of people from exercising the right to free speech," said Megan Vargo, assistant director for the Department of Social Advocacy and Convening for the Catholic Diocese of Pittsburgh, reiterating her church's opposition to abortion.
Council's debate centered on whether the ordinance was "a veiled attempt to stifle free speech" as Councilman Gene Ricciardi said, or a public safety measure with the court's seal of approval.
"Does it take away a person's freedom of speech? No," said Councilman William Peduto, who along with Councilman Doug Shields wrote the ordinance. "Once somebody says no, you still have eight feet."
Voting for the ordinance were Mr. Peduto, Mr. Shields, Twanda Carlisle, Dan Deasy and Jim Motznik. Voting no were Councilmen Len Bodack, Luke Ravenstahl and Mr. Ricciardi. Sala Udin was absent.
Council's final vote is scheduled for Tuesday. Mayor Tom Murphy has not said whether he will sign the legislation, and his spokesman would not comment.
Mayor-elect Bob O'Connor "says his goal is to have Pittsburgh be the safest and cleanest city in America and the O'Connor administration plans to vigorously enforce all laws of the city," said his spokesman, Dick Skrinjar.
