Bill will secure safety of clinic patrons and clarify ambiguities in current law
Boston – Representative Barbara L’Italien (D-Andover) today announced the House of Representatives passed legislation to establish a 35-foot buffer zone around reproductive health clinics in Massachusetts. The legislation builds on existing law to more than double the size of the current buffer zone and establish a fixed rather than floating no-protest area, 35 feet from the property line of a clinic.
“This is a public safety bill, first and foremost. Individuals seeking treatment at a reproductive health facility have the right to demand that their safety is secured and extending the buffer zone is an important part of preserving that right,” said Representative L’Italien.
“The buffer zone was desperately needed when it became law and it is clear that our law now needs to be strengthened,” said Speaker Salvatore F. DiMasi. “The women who want health services and the people who provide those services should be free to do so without fear of assault, harassment or intimidation.”
“We have worked to ensure that this new buffer zone bill meets Constitutional muster, balancing First Amendment rights with the rights of individuals to safely access a reproductive health care facility,” said Representative Michael Costello (D-Newburyport), Chairman of the Committee on Public Safety and Homeland Security.
This bill strengthens the existing law – which established an 18-foot buffer zone. Legislators have received numerous complaints that the current zone does not protect women from harassment as they enter clinics. Protesters can currently be within the so-called buffer zone as long as they are not within six feet of an entering patient or staff member and can be within that zone if they have the individual’s consent.
Complaints have reportedly included protesters dressing as police officers, blocking access to doors, screaming at patients inside the zone and other tactics.
Under the new bill, no one will be allowed to stand inside the 35 foot radius except people entering or leaving the clinic, law enforcement officials and people using the public sidewalk or street as a right-of-way to get to another destination.
