San Diego Mayor Todd Gloria has enacted a compromise solution to upholding protesters’ rights while preserving access to venues being protested: creating free-speech buffer zones.
Gloria pointed out in his weekly newsletter and at a recent press conference, that numerous venues including healthcare clinics, reproductive care clinics, schools, and places of worship are increasingly becoming sites for demonstrations “where people attempting to access these facilities are subjected to harassment or intimidation.”
Gloria added: “In a move to safeguard access to these vital sites, I have signed into law crucial amendments to our Municipal Code regarding free-speech buffer zones. The changes expand the buffer zones around covered facilities to 100 feet, among other modifications that protect access.”
The new law was prompted by a surge in large protests and demonstrations in recent years, both locally and nationally.
“For nearly three decades the City’s laws on this issue have remained unchanged and yet we know that our social and our political landscape has evolved, and the need to protect the public from undue harassment and intimidation, while still preserving their first amendment rights, has become even more pressing,” Gloria said.
“Our mayor has signed into law updates to our City’s outdated buffer ordinance,” said City Attorney Mara Elliott noting the City adopted a 100-foot buffer zone in 1997 around entrances and exits to healthcare facilities, places of worship, and school grounds.
“Under this law, an individual who wished to exercise their Constitutional right to medical care, to educational services or to practice their religion, had the legal burden to tell demonstrators to back off,” she said adding, “For many, this kind of engagement was not an option. They simply (had to) walk away to avoid confrontation or miss a health appointment, a parent-teacher conference, or a church service.”
Added Elliott: “The complaints I received ranged from a school board member who couldn’t attend a meeting because anti-vaccination protesters blocked an entrance to the boardroom, to the parent whose access to a community forum on gun violence prevention at her child’s school was blocked by individuals asserting their rights to free speech and gun ownership, to worshipers who were afraid to attend services because anti-Semitic protesters were blocking their path to a synagogue, to a patient who wished to obtain a pap smear, but left the healthcare facility after she was called a ‘baby killer’ by an anti-choice protester.”
Elliott added there is also a noise limitation in the new ordinance. She pointed out there have been complaints of protesters using bullhorns and disrupting employee’s workdays.
“Bullhorns sometimes were so loud that employees could not work and neighborhoods were robbed of their quality of life,” she said. “No one should be afraid to see their doctor, to learn, to pray, or to attend a school meeting.”
Gloria thanked Elliott “for her leadership in bringing forward these important updates. Thanks to her dedication and the unanimous support from our city council, we’ve struck a balance that ensures people have safe, unfettered access to essential services while upholding protesters’ First Amendment rights.”
Added Gloria: “These amendments guarantee that everyone can access healthcare, participate in education, and practice their faith freely and safely. I also want to thank all the community leaders who contributed to this achievement. Their support and dedication have helped ensure San Diego remains a place where everyone’s rights are respected. Together, we are creating a respectful and safe environment for all.”
