Here's our Community View piece submitted to the Journal News prior to the Public Hearing at the Westchester County Board Meeting on Monday, April 30, 7 p.m., 148 Martine Avenue (at Court Street), White Plains, New York - 8th floor:
Legislation Targeting Pro-life Free Speech is un-American
At the upcoming Monday evening Westchester County Legislative meeting the pro-abortion lobby will again promote legislation to profile and restrict the free speech rights of anti-abortion protestors and sidewalk counselors outside of abortion facilities.
The Federal “Freedom of Access to Clinic Entrances (FACE) Act” and similar state legislation is already in place, and has been since 1994. These Acts provide onerous penalties for anyone who might “use force, the threat of force, or physical obstruction to injure, intimidate, interfere with, or attempt to injure, intimidate or interfere with individuals obtaining or providing reproductive health care services.
Naturally the Federal law does not try to quell our First Amendment right to free speech. “Clinic protesters remain free to conduct peaceful protest, including … praying, carrying signs, walking picket lines and distributing anti-abortion materials outside of clinics.”
So any new legislation is unnecessary, unless there is an ulterior motive. And of course there is. The proposed County legislation (Sec. 425.51) allows a clinic facility, even if there have been no complaints lodged with the police or any other competent authority, to bring “a civil action”. That is, sue a person who the clinic feels has harassed or intimidated “any person whose ability to access the premises of a healthcare facility has been interfered with”. This legislation gives a facility, which has a financial interest in eliminating people who disagree with them, latitude to sue them in civil court.
Here’s a practical example: A young woman is standing outside of Planned Parenthood giving out literature offering abortion alternatives. To Planned Parenthood this is an affront. So their security guard comes out, takes her picture and informs the young lady that Planned Parenthood is going to take her to civil court to seek an injunction against her being there. Oh, and by the way, when she loses the case, she will have to pay Planned Parenthood’s attorney’s fees and costs.
So what’s the young lady to do? Hire a lawyer? Stop coming? Lawyers are expensive and Planned Parenthood is the one with the deep pockets. Who’s engaging in harassment and intimidation in this case?
Now, imagine a labor union picketing a business that the union feels is engaging in unfair labor practices. Would we allow the business to sue the picketers simply for being there? Of course not – the whole idea is absurd. But that is exactly what the legislation being considered will do.
This is only one of the defects at play in this unnecessary legislation, which is a bone that some legislators are throwing to their pro-abortion supporters. But this alone should be enough for responsible legislators to see that they must vote against this bill.
Using the law to intimidate peaceful people who are expressing their views is un- American and cannot be tolerated.
4/25/2012 – Thomas Faranda and Judith Anderson, co-directors, The Hudson Valley Coalition for Life