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Appeals court strikes 'buffer zone' at clinics

'Bubble ordinance' in Sunnyvale could be affected

A federal appeals court in San Francisco struck down a city of Phoenix law July 14 that imposes a "floating buffer zone" restriction on demonstrators outside abortion clinics.

The decision by the 9th U.S. Circuit Court of Appeals could affect similar laws in the cities of Sunnyvale and San Jose, according to a lawyer for San Jose.

Assistant San Jose City Attorney George Rios said, "The Phoenix law is very similar to the San Jose ordinance. If the decision becomes final, it could affect our ability to enforce our law."

The Arizona city's law, like the San Jose measure, requires people who are demonstrating near health care facilities to move at least eight feet away from any person who asks them to do so.

A three-judge appeals panel said that rule violated demonstrators' right of free speech.

The court took its cue from a U.S. Supreme Court ruling in February in which the court allowed a fixed 15-foot buffer zone at the doors of two abortion clinics in New York state, but banned 15-foot floating zones around people entering and leaving the clinics.

The 9th Circuit, citing the high-court ruling, said the floating zone restriction would make it difficult for demonstrators to comply with the law.

Circuit Judge Robert Beezer wrote, "Demonstrators who attempt communication with an individual must constantly monitor themselves to ensure that they don't encroach upon that individual's or another individual's floating buffer zone. ... The uncertainty concerning compliance creates a substantial risk that more speech will be eliminated than the ordinance itself prohibits."

Rios said the San Jose law will not be affected until any further possible appeals are completed.

Assistant Phoenix City Attorney Marvin Sondag said the Phoenix City Council has not yet decided whether to appeal. The remaining appeals would be to an expanded panel of the appeals court or the U.S. Supreme Court.

The 9th Circuit originally upheld the Phoenix law in 1995, but then was ordered by the U.S. Supreme Court to reconsider in light of the high court's February ruling in the New York State case.

--Bay City News Service

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This article appeared in the Sunnyvale Sun, July 23, 1997.
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