In 1997, the city of San Diego adopted a buffer zone law to address demonstrations and access to health care facilities, places of worship, and schools. This law was adopted before smartphones, before social media, and in an era where Roe v. Wade was the law of the land.
In 1997, I was signing up for an AOL Instant Message account and my little sister was desperately trying to keep her Tamagotchi digital pet alive. A lot has changed since 1997 and legal changes at City Hall are needed now to better protect San Diegans, especially women, against harassment and threats they’re facing in today’s divisive, toxic political environment.
I believe the vast majority of San Diegans agree that anyone accessing a healthcare facility has a legal right to privacy and a right not to be harassed. Entrances and exits should never be blocked.
Patients making deeply personal medical decisions shouldn’t have to suffer through group intimidation or public humiliation by those who disagree with their choices. The same is true for parishioners attending church, a mosque, or a synagogue, and parents and students entering a school.
Most of us also firmly support the First Amendment and the fundamental right of Americans to speak their mind. But, increasingly, the activity happening outside healthcare facilities isn’t a legitimate form of protest at all. Planned Parenthood has reported multiple examples of abuse outside its clinics, including people blocking driveways and doors, throwing papers at patients or into open car windows, and providers being photographed and followed. That’s not protected free speech, that’s harassment.
To protect access and privacy, the City Attorney’s Office is proposing amendments to San Diego’s Municipal Code that aim to reduce hostile interactions too many face when making some of the most personal decisions of their lives. These are simple, straightforward legal changes to protect privacy, ensure access to vital services, and enforce the law fairly and justly.
Currently, San Diego’s buffer zone law allows demonstrators to approach someone trying to enter a healthcare facility until they are explicitly told to back off. When that happens, the law requires the demonstrator to move at least 15 feet away. The burden is entirely on the patient entering the clinic to advocate for their privacy.
The proposed amendments, spearheaded by City Attorney Mara Elliott, shift this dynamic by requiring demonstrators get permission from people they seek to engage with and to respect those who would rather not. By requiring permission before engagement, people seeking health care (and anyone trying to access education or practice religion) control their interactions in spaces where safety comes first.
And we’re striking a fair balance with an 8-foot buffer zone that ensures free speech at a reasonable distance is always protected. More than anything, the law is clear and enforceable: it’s a right to assemble peaceably, to speak, and to protest — not a right to harass, obstruct, or otherwise try to force an unwilling participant to listen.
These proposed buffer zone law changes aren’t just about reproductive rights. No one should be screamed at for getting vaccinated. Parents should be able to attend parent-teacher conferences or school board meetings without schoolhouse doors being blocked by protesters. No San Diegan of any faith should be targeted on their way to pray.
In today’s polarized world, demonstrations occur frequently, without warning and at a higher pitch than ever before. The law must keep pace — and keep San Diegans’ access to fundamental services protected.
It’s time for the city to update its buffer zone law to better protect people who access services under increasing threat: places of worship, public schools, and yes, women’s health clinics that provide abortion care.
Heather Ferbert is the Chief Deputy City Attorney of San Diego and a candidate for City Attorney in November.