An ordinance I introduced to amend to the Disorderly Conduct section of the City Code has passed City Council.  The amendment is directed at a person who:

     Either: (1) knowingly approaches another person within eight feet of such person, unless such person consents, for the purpose of passing a leaflet or handbill to, displaying a sign to, or engaging in oral protest, education, or counseling with such person in the public way within a radius of 50 feet from any entrance door to a hospital, medical clinic or healthcare facility, or (2) by force or threat of force or by physical obstruction, intentionally injures, intimidates or interferes with or attempts to injure, intimidate or interfere with any person entering or leaving any hospital, medical clinic or healthcare facility.

The first section mirrors a Colorado State Statute that was upheld by the U.S. Supreme Court.  Recognizing our dense, urban landscape; we have limited the radius to more appropriate 50 foot distance as opposed to the more restrictive 100 foot distance. 

At a health care facility in the ward, one which provides women's health care in addition to reproductive services, the number of protestors has more than tripled.  The local police and nearby residents have reported increasingly aggressive tactics.  The police cannot respond to the Federal law and have few, if any, alternative options until an otherwise illegal activity takes place.  The second portion reflects the federal law and makes enforcement by local police a reality.

My motivation in proposing a medical buffer zone ordinance for the City of Chicago is to protect patients and medical staff in a constitutionally acceptable manner.  I believe that this ordinance strikes the proper balance between the rights of Freedom of Speech and to access constitutionally protected health care services.  I would never introduce a measure that I believed would violate our First Amendment right to Freedom of Expression. 

I made sure when drafting the proposed ordinance for Chicago's healthcare facilities it conformed to past court rulings that require a balance of the right to access to medical care with the right to free speech.  There has been extensive litigation on the issue of buffer zones.  The courts, including the United States Supreme Court, have held that certain buffer zones are Constitutional and can be enforced.  In order to pass Constitutional muster such a law must be viewpoint neutral, be narrowly tailored and serve a significant government interest.  This ordinance fulfills these requirements.