Portland’s city staff is recommending that the City Council not enact new restrictions – at least, for now – on anti-abortion protests around Planned Parenthood’s health clinic on Congress Street.

Councilors adopted a buffer zone last fall banning protesters within 39 feet of the entrance, but they reluctantly repealed the ban in light of the U.S. Supreme Court ruling in July that a 35-foot buffer zone around clinics in Massachusetts violated the free-speech rights of anti-abortion demonstrators.

Councilors vowed at the time to seek alternative ways to keep protesters away from patients, and that discussion is scheduled to begin Tuesday at a meeting of the council’s Public Safety, Health and Human Services Committee.

In a memorandum to the committee, Trish McAllister, an attorney for the city, outlined the city’s remaining options for regulating the protests, including revising rules against abusive solicitations, advocating for changes to state law and establishing a smaller buffer zone or a “floating” buffer zone around the people entering the clinic.

However, considering the Supreme Court decision and the nonviolent nature of the weekly protests in Portland, the city’s police chief, legal counsel and interim city manager agreed that passing new regulations would not be prudent “at this time,” the staff memo said.

“This is particularly true given the potential of another lengthy legal battle, and considering our current legal expenses and pending budget challenges,” McAllister wrote. “Instead, law enforcement personnel should continue their diligent efforts on site in terms of enforcement of existing laws, as well as data-gathering.”

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City Councilor Cheryl Leeman, vice chairwoman of the public safety committee, was adamant about pursuing other means of buffering the patients from the protesters when the council repealed the buffer zone.

Leeman said Monday, however, that she’s open to the idea of holding off until courts rule on other types of buffers around clinics throughout the country.

“I’m still very convinced that we need to do something that will allow people to access services while not being harassed” and without violating free-speech rights, she said.

But, she added, “I feel we’ve done everything that we can do with regards to this issue at this point.”

Leeman also noted that the city already has “spent an inordinate amount of money” defending the buffer zone.

The City Council voted unanimously in November to adopt the buffer zone in response to weekly protests outside the Congress Street clinic, where anywhere from five to 15 anti-abortion activists, including children, hold signs, some with blown-up pictures of fetuses, and hand out pamphlets with information on alternatives to ending a pregnancy. The clinic provides a broad range of women’s health services, including family planning and cancer screenings, as well as abortions.

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The demonstrators challenged the city’s ordinance in court. They have not dropped the lawsuit, despite the ban being lifted, in order to get a court ruling that specifically addresses Portland’s buffer zone, their attorney has said.

A spokeswoman for Planned Parenthood said in a statement Monday that the organization remains confident that the Portland’s council will take action.

“In looking at the recent actions taken by the State of Massachusetts and the laws in place for New York City, Los Angeles and Colorado, we have confidence that the Portland City Council will be able to identify a similar Safe Access ordinance for the benefit of the community and our patients and we stand with them as they look for those solutions,” Planned Parenthood of Northern New England spokeswoman Nicole Clegg said in a prepared statement.

“Despite its disappointing outcome, the U.S. Supreme Court decision on buffer zones has been a rallying call for Planned Parenthood patients and supporters who want women and their families to be able to get health care from an important community resource like our Portland health center without harassment, stigma and judgment,” the statement said.

The committee meeting starts at 5:30 p.m. Tuesday in Portland City Hall. Public comment will only be allowed if the committee votes to make a recommendation to the council.

 


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