According to the Chicago Sun-Times , the ordinance requires that anyone who wants to distribute leaflets, "displa[y] a sign to, or engag[e] in oral protest, education or counseling" must first obtain consent before coming within 8 feet of a person who is within 50 feet of a medical facility.
The ordinance also bars the use or threat of force. City officials based the ordinance on a Colorado law that similarly establishes an 8-foot bubble zone around individuals within feet of a health care facility. According to the Tribune , the U. Supreme Court in upheld the Colorado law in Hill v.
However, in a separate ruling in , the Supreme Court struck down a different buffer zone law in Massachusetts. In the lawsuit, the plaintiffs claim the ordinance violates their rights under the First and 14th Amendments.
Bill McCaffrey, a spokesperson for Chicago's Law Department, declined to comment on the lawsuit, but said the city would defend the ordinance. Brigid Leahy, director of public policy for Planned Parenthood of Illinois, disputed claims from the plaintiffs that the ordinance was selectively applied in favor of clinic escorts, citing the difference in the role of an escort and that of an unknown protester.
Also discussing the role of escorts, Julie Lynn, a spokesperson for Planned Parenthood, said, "We are here to make sure patients are able to access the center safely and get the health care services they need without feeling harassed or shamed. Lynn also pointed out that the 8-foot bubble zone balances free speech rights while protecting patients.
