In Florida Preborn Rescue, Inc. v. City of Clearwater, Florida, (11th Cir., Dec. 4. 2025), the U.S. 11th Circuit Court of Appeals, in a 2-1 decision, held that a preliminary injunction should issue barring enforcement of a ban on pedestrians in the sidewalk crossing the 28 foot wide entrance to a local abortion clinic's parking lot, and for 5 feet of sidewalk on either side of the driveway. The majority said in part:
Florida Preborn has provided “uncontradicted testimony” that the buffer zone has effectively stifled sidewalk counselors’ ability to distribute literature to patients entering and exiting the clinic. ...
Separately, it remains the case that, by its terms, the Ordinance forbids a clinic patient who has parked her car to approach sidewalk counselors to receive a leaflet....
We think it clear that the Ordinance burdens substantially more speech—namely, the sidewalk counselors’ leafletting activities—than is necessary to achieve the government’s asserted interest in promoting vehicular safety....
Dispositively here, the city failed to adequately consider alternative measures....
Judge Abudu dissented, saying in part:
The record shows that counselors wait in brightly colored vests at the edge of the driveway, offering materials to patients driving into the clinic. If the patients desire, they can stop, roll down their window, and engage with the leafleteers. However, many choose not to do so. Thus, when balancing FPR’s right to communicate its message against the rights of patients and others not to engage, it is clear that there is no substantial burden on FPR’s ability to leaflet.
Moreover, the fact that FPR has alternative channels of communication available further demonstrates why the Ordinance is constitutional. As the district court found, the remaining portions of the driveway and adjacent sidewalk area are still available....
Liberty Counsel issued a press release announcing the decision.
