CLEARWATER, Fla. – A federal appeals court has struck down a City of Clearwater ordinance that created a “vehicular safety zone” around a local abortion clinic, ruling that the restriction violated the First Amendment rights of pro-life sidewalk counselors.
In a decision filed Thursday, the United States Court of Appeals for the Eleventh Circuit sided with Florida Preborn Rescue, Inc. and several individual plaintiffs, vacating a lower court’s previous refusal to block the law. The appellate court has remanded the case with strict instructions to enter a preliminary injunction against the city, effectively halting enforcement of the buffer zone.
The Dispute
The legal battle centered on a 5-foot buffer zone established by the city around the driveway of the Bread and Roses Woman’s Health Center. The ordinance barred pedestrians from entering a defined 38-foot stretch of the public sidewalk and driveway during business hours.
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City officials argued the zone was a necessary public safety measure to prevent protesters from impeding traffic and to ensure safe access for patients. However, the plaintiffs contended that the “painted border” made it impossible for them to engage in their primary method of communication: handing leaflets and literature to drivers entering the facility.
The Ruling
Writing for the majority, Judge Kevin Newsom rejected the district court’s finding that the plaintiffs were unlikely to succeed. Relying heavily on the Supreme Court’s 2014 decision in McCullen v. Coakley, the court determined that Clearwater’s ordinance was not “narrowly tailored.”
The court found that the city failed to prove it had seriously considered less restrictive alternatives before enacting the ban. The opinion pointed out that Florida already has laws on the books regarding the obstruction of public streets, which the city could have enforced instead of creating a blanket exclusion zone.
“The government may not regulate expression in such a manner that a substantial portion of the burden on speech does not serve to advance its goals,” Judge Newsom wrote.
Although the buffer zone in Clearwater (5 feet) was significantly smaller than the 35-foot zone struck down in the McCullen case, the court ruled that the physical size was less important than the impact on free speech. By preventing counselors from reaching out to cars to hand over a pamphlet, the law burdened “substantially more speech” than necessary to achieve safety goals.
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The Dissent
Judge Nancy Abudu issued a dissent, arguing that the district court’s decision should have been upheld. She contended that the plaintiffs failed to prove the ordinance was unconstitutional in most circumstances and noted that the 5-foot zone still allowed for verbal communication and “breathing room” for patients.
“It is difficult to even visualize how a distance of five feet seriously burdens [the plaintiffs’] ability to leaflet,” Abudu wrote, emphasizing the city’s documented history of safety escalations at the site prior to the ordinance.
What’s Next
The case now returns to the district court, which is mandated to issue the injunction requested by Florida Preborn Rescue, likely allowing sidewalk counselors to resume approaching vehicles in the clinic’s driveway immediately.
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