BILL NUMBER: S9668

SPONSOR: GONZALEZ
 
TITLE OF BILL:

An act to amend the public health law, in relation to requiring one
hundred foot buffer zones around abortion clinics

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to allow patients seeking services from
reproductive healthcare facilities offering abortions to access these
clinics free from harassment.

 
SUMMARY OF PROVISIONS:

Section one of the bill would amend the public health law to add a new
section 2599-bbb which provides that every reproductive healthcare
facility offering abortion care shall maintain a fifteen-foot buffer
zone around any entrance to such clinic to allow patients to enter such
clinics without harassment.

              

Section two of this bill defines "harassment," which includes behavior
that intentionally harms a person trying to enter or leave one of these
facilities, or intentionally impedes a person from entering or leaving
one of these facilities, or intentionally damages the facility or inter-
feres with the facilities' operations.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

N/A

 
JUSTIFICATION:

In light of the June 24, 2022 Supreme Court ruling on Dobbs v. Jackson
Women's Health Organization which overturned Roe v. Wade, subsequent
abortion legislation has limited and restricted reproductive healthcare
access in many places. It remains more important than ever to protect
and expand reproductive justice and healthcare access for all New York-
ers.

The Freedom of Access to Clinic Entrances (FACE) Act, signed into feder-
al law in 1994, prohibits the use or threat of physical force, injury,
intimidation, and interference against persons seeking an abortion and
persons exercising their first amendment right of religious freedom at a
religious place of worship, as well as prohibiting damage and
destruction of a reproductive healthcare facility or religious place of
worship. Despite enaction of this federal legislation nearly twenty
years ago, patients seeking services from reproductive healthcare facil-
ities continue to face harassment and intimidation from anti-abortion
protestors when approaching these clinics for services.

In 2021 and 2022, Red Rose Rescue, an anti-abortion extremist group
repeatedly violated the FACE Act at reproductive healthcare clinics in
Nassau and Westchester Counties, resulting in the Office of Attorney
General Letition James (OAG) filing a suit against the group in 2023,
anda motion prohibiting the group from coming within 30 feet of all
reproductive healthcare clinics in the Southern District of New York and

Eastern District of New York while the trial was pending. A federal
judge granted this motion on December 7th, 2023.

Localities including New York City, some Western New York towns, Engle-
wood, New Jersey, and Colorado, Kansas, and Montana maintain and enforce
fixed buffer zones around entrances to reproductive healthcare facili-
ties. This bill will formalize fifteen foot buffer zones around all New
York clinics so that New Yorkers seeking reproductive healthcare can
access these services free from harassment, interference, and intim-
idation from any group or person.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

N/A

 
EFFECTIVE DATE:
This act shall take effect immediately.