[chris]

This case is in reference to those people that hang out in front of abortion centers to harass those who are going inside.

Plaintiffs are individual citizens of Pennsylvania who regularly provide what they euphemistically refer to as "sidewalk counseling" outside of two health care facilities in Harrisburg, Pennsylvania that perform, among other procedures, abortions. Plaintiffs engage in leafletting, prayer, and individual conversations with women who are attempting to enter the health care facilities in an effort to dissuade them from obtaining abortions.

Plaintiffs apparently also counsel in other forms, such as photographing and shouting at employees and patients of the health care facilities as they enter and exit the buildings, posting large signs depicting pictures of dead babies, jumping out at employees and patients from behind cars and dumpsters, and chanting "kill, kill, kill, death, death, death."

On November 13, 2012, Defendant Harrisburg City Council adopted Ordinance No. 12-2012 entitled "Interference With Access To Health Care Facilities which became effective on November 23, 2012.

The Ordinance's stated purpose is "to promote the health and welfare of [Harrisburg] residents and visitors to [Harrisburg]'s health care facilities, as well as the health and welfare of those who may wish to voice their constitutionally protected speech outside of such health care facilities." Harrisburg, Pa. Mun. Code, §3-371.2C. The Ordinance makes it illegal for individuals, other than police or emergency personnel performing official functions, or employees of health care facilities that are assisting patients to enter or exit the facilities, to "knowingly congregate, patrol, picket or demonstrate in a zone extending 20 feet from any portion of an entrance to, exit from, or driveway of a healthcare facility."

On March 24, 2016, Plaintiffs filed a complaint alleging, inter alia, that the "buffer zones" created by the Ordinance make it impossible for them to effectively counsel or distribute literature in opposition to abortions at the Hillcrest Women's Health Center located on North Front Street (the "Hillcrest Clinic"), and the Harrisburg Medical Center on North Second Street, which is operated by Planned Parenthood (the "Planned Parenthood Clinic"), because the buffer zones cover much of the sidewalk surrounding the clinics and are not physically marked.

Plaintiffs argue that the Ordinance violates their First Amendment rights to freely speak, exercise their religion, and assemble, as well as their Fourteenth Amendment due process and equal protection rights. On March 25, 2016, Plaintiffs filed a motion to preliminarily enjoin the Ordinance due to the irreparable harm it causes to their First Amendment rights. (See Doc. 3.) In addition to opposing Plaintiffs' motion for a preliminary injunction, on April 26, 2016, Defendants filed a motion to dismiss for failure to state a claim. (Doc. 16.) Both motions have been fully briefed and are ripe for disposition.

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA·Civ. No. 1:16-CV-0510 (M.D. Pa. Aug. 31, 2016)

[Ninjavandal]

How very telling of those controlling assholes.
Hey, antiabortionists: