CARBONDALE, Ill. — Anti-abortion activists filed a federal lawsuit Tuesday challenging the constitutionality of Carbondale ordinance that prohibits protestors from approaching people within 100 feet of a medical clinic.
Though courts have struck down similar legal challenges in the past, the activists say that this time their case could make it to the conservative-leaning U.S. Supreme Court.
“We feel very confident that at the end of the day we can get this case up to a place where it will be heard and we will be able to get justice for not just the folks in Carbondale, for their free speech rights to be upheld, but for folks around the country,†said Peter Breen, executive vice president of the , a Catholic-led, conservative nonprofit law firm based in Chicago.
Thomas More Society filed in U.S. District Court for the Southern District of Illinois on behalf of , which places volunteer sidewalk counselors outside of four clinics in Illinois in an effort to dissuade those going in from having an abortion. It was founded 12 years ago in ºüÀêÊÓƵ.
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In January, the Carbondale City Council unanimously passed that created a 100-foot buffer zone around health care facility entrances where people are prohibited from coming within 8 feet of another to give educational materials, display a sign to or engage in “oral protest, education, or counseling,†unless they are given permission.
The ordinance also prohibits anyone from obstructing or intimidating others entering or leaving a health care facility.
The lawsuit seeks an immediate pause to the ordinance while the judge decides whether it violates Coalition Life’s rights protected by the First Amendment.
“This is an unconstitutional and overzealous attempt to show favor to abortion vendors, at the expense of the free speech rights of folks in Carbondale and neighboring communities,†Breen said.
The city council passed the ordinance in response to reports by clinic staff and patients of “frequent acts of intimidation, threats and interference from individuals protesting abortion access and services.â€
Dozens of cities and states have enforced similar buffer zones around clinics. A 1994 federal law — the — prohibits threatening and obstructive conduct “intended to injure, intimidate or interfere†with those seeking an abortion.
have passed laws that that effectively ban abortions since the federal right to abortion was overturned in June of last year, while Illinois on the other hand has expanded access.
Carbondale, about an hour from the state’s southern border, has become one of the closest destinations for many patients traveling to get an abortion. The city, home to 22,000 people and a major university, is less than 20 miles from Interstate 57 and has an Amtrak station. It also has, since fall of last year, two abortion clinics. Planned Parenthood of Illinois also plans to open a third clinic, though officials have not yet said when.
Brian Westbrook, executive director of Coalition Life, countered claims that the organization’s counselors are intimidating or threatening staff and patients.
“This City Council would have you believe that we here at Coalition Life are nothing but a nuisance, yet we provide a much-needed service on the sidewalks outside these abortion facilities,†Westbrook said at a news conference Tuesday outside Carbondale City Hall announcing the lawsuit.
Volunteers share information about free pregnancy tests they offer along with help paying for things such as housing, car payments, diapers and maternity clothes, he said.
About 1 out of every 100 patients they approach outside a clinic, Westbrook said, will change their decision to have abortion.
“We are entitled to have our voices heard, and the women and their pre-born children are entitled to know their options,†Westbrook said.
However, Andrea Gallegos, executive administrator of , said protesters harass patients daily by jumping in front of their cars, posing as clinic staff in order to confuse patients and wearing body cameras.
“The ordinance is needed,†Gallegos said. “It does not prevent protests from happening, but it does grant some peace and privacy for patients as they walk in to their health care appointments which everyone should be entitled to.â€
Jennifer Pepper, president of CHOICES, which opened in Carbondale after its abortion services were restricted in Tennessee, said protesters confuse and intimidate patients.
“It is imperative that every individual, regardless of their personal beliefs, can access accurate information, compassionate care, and support when making decisions about their reproductive health,†Pepper said.
Westbrook claims the city ordinance was passed over the objections of area residents, and the lawsuit is “pushing back against this over-broad power grab by a radical city council.â€
Officials with the city of Carbondale declined to respond, saying they cannot comment on pending litigation.
The Thomas More Society was part of a similar federal lawsuit filed in 2016 against the city of Chicago over the city’s ordinance preventing protesters from getting with 8-feet of people entering health care facilities.
The Chicago ordinance was kept in place by federal and appeals courts, which cited a 2000 Supreme Court decision upholding a similar buffer zone around clinics in Colorado.
In July 2020, the Supreme Court declined to hear the case.
However, Breen argued that the June 2022 Supreme Court decision overturning the right to an abortion gave hints that laws creating buffer zones around health clinics are now open to challenge.
“This suit right here is one we believe will get the attention of the highest court in the land,†he said.