By KATHERINE PETERSEN
Clients entering or leaving Sunnyvale's Planned Parenthood Mar Monte clinic will soon have more protection from protesters thanks to an ordinance approved 6-1 by the Sunnyvale City Council on April 23.
Councilmember Stan Kawczyn-ski opposed the ordinance, citing reasons of free speech.
The ordinance calls for a 100-foot "bubble" around the clinic in which protesters must respect an eight-foot area around clients. Protesters within this designated area who do not respect a "go away" from clients can be arrested and prosecuted on misdemeanor charges.
More than 10 people addressed the council in favor of the ordinance, saying it would protect clients from protesters who push graphic literature in their car windows and yell at them from close proximity. Three speakers opposed the ordinance.
Kjerstin Gould, clinic defense coordinator for Planned Parenthood Mar Monte, said she thinks the new ordinance, which takes effect June 7, will make a big difference for clients.
"Up until this point, it was so frustrating to be with clients who wanted to be left alone and would say 'go away' or 'get out of my face' and the protester didn't have to do anything. They would push graphic literature in clients' faces and stand in front of car doors so they couldn't get out," she said.
Gould said the ordinance can be clearly conveyed to clients so they understand their rights. She said the clinic will pass out fliers that explain the ordinance.
"Then they can be armed with a way of protecting themselves," she said.
San Jose passed a similar ordinance in 1992, and Gould said Planned Parenthood Mar Monte has had no trouble with protesters at its three San Jose sites.
Last summer, Planned Parenthood Mar Monte filed in federal court for an injunction against six specific protesters who are not allowed on the sidewalk in front of the clinic.
The U.S. Supreme Court will review the constitutionality of a New York court order regulating demonstrators at health clinics, said Public Safety Capt. Steve Pigott. He said the court order is similar to the Sunnyvale ordinance. Pigott said the court should hand down a decision in 1997.
A recent court decision interpreted ordinances similar to those in San Jose and Sunnyvale as having no violation of free speech.
Kawczynski opposed the ordinance, saying that in the past councilmembers have not enacted ordinances when constitutionality is in question.
Kawczynski also said if protesters had to stay eight feet away, they would have no place to go.
"The sidewalks aren't eight feet wide. They would have to go into the street or onto private property," he said.
Frank Hughes, an attorney for Miller, Morton, Caillat and Nevis in San Jose, agreed, adding that the ordinance is a blanket response to the situation that could open the door for abuse by people who want to silence the pro-life position.
"At the site in Sunnyvale, there's a group of women who pray the rosary on the sidewalk near the clinic twice a week. They are very quiet and I think people at Planned Parenthood admit they are quiet and not troublemakers," Hughes said.
The result of the ordinance would be to set limitations for silent protesters as well as the more assertive ones, he said.
This article appeared in the Sunnyvale Sun, May 1, 1996.
©1996 Metro Publishing, Inc. All rights reserved.