Tuesday, November 02, 2021

California Ban On Harassing Persons Entering Vaccination Site Violates 1st Amendment

In Right to Life of Central California v. Bonta, (ED CA, Oct. 30, 2021), a California federal district court issued a temporary restraining order barring enforcement of a portion of a California statute that protects patients near vaccine sites from "harassment." The statute was challenged by a right-to-life organization that approaches women entering a Planned Parenthood clinic. The clinic is covered by the statute because it offers HPV vaccine. The court concluded that the 1st Amendment's free speech protections are violated by the prohibition on "harassing" anyone entering or exiting within 100 feet of the site.  The harassment ban bars approaching within 30 feet of such person to give them a leaflet or handbill, or to display a sign, or engage in oral protest, education or counseling. The court did not enjoin enforcement of the ban on obstructing, injuring, intimidating, or interfering with such person.  ADF issued a press release announcing the decision.