Hassan to Sign Abortion Clinic Buffer Law

Gov. Maggie Hassan on Tuesday will sign a bill into law that establishes a 25-foot buffer zone around abortion clinics and reproductive health care facilities.

The law will ensure that women can access health services without fearing for their safety while protecting the privacy and safety of both patients and the public, Hassan said.

The bill holds that "no person shall knowingly enter or remain on a public way or sidewalk adjacent to a reproductive health care facility within a radius up to 25 feet of any portion of an entrance, exit, or driveway of a reproductive health care facility."

The bill had bipartisan sponsors, including Sen. Donna Soucy, D-Manchster, Sen. Nancy Stiles, R-Hampton, Sen. Jeb Bradley, R-Wolfeboro, and Rep. Candace Bouchard, D-Concord.

It excludes people entering or leaving such a facility, employees or others working in connection with the facility, law enforcement, municipal agents, or people using the public sidewalk or street right-of-way to reach a designation other than the facility in question.

The law itself states that "recent demonstrations outside of reproductive health care facilities have resulted in the fear and intimidation of patients and employees of these facilities."

The legislative intent expressed here is to balance patient access with the First Amendment rights of people demonstrating outside of a health care facility.

The law requires a police officer to issue a written warning to an individual found in violation of the law. If the person fails to comply after the one warning, he or she shall be given a citation. One could then be subject to a minimum fine of $100, according to the bill.

State lawmakers heard hours of public testimony on the bill earlier this year. Rep. Charlene Takesian, R-Pelham, writing in a House majority report in support of passage, noted that people use services from reproductive health clinics for several reasons, while demonstrators assume everyone walking through the door is there for one they find objectionable.

Some opponents of the bill did not see it as an abortion bill, noted Rep. Robert Rowe, R-Amherst, writing for the Minority of the House Judiciary Committee earlier this year. He maintained there were questions about the sweeping nature of a buffer zone, especially in urban areas, and for abutters. He further noted the U.S. Supreme Court was hearing an appeal from Massachusetts on the same subject.