An Act Relative to Access to Reproductive Health Centers
Also known as The Buffer Zones Law.
Questions and Answers
What is the new Buffer Zones Law?
The new Massachusetts Buffer Zones Law establishes a fixed 35-foot buffer zone surrounding the entrances and driveways of all of the reproductive health facilities in the state. Protestors are not allowed to stand inside this zone. There is an outline on the street marking the new buffer zone.
Why is the new law necessary?
The former law resulted from a compromise with former House Speaker Thomas Finneran.
The former law was nearly impossible to enforce due to its complexity and the vagueness of the language surrounding consent. The new law is easier for everyone to understand and for the police to enforce.
What are some examples of recent violations of the buffer zones law that have been reported by patients and staff?
Planned Parenthood League of Massachusetts received dozens of written reports of buffer zone violations last year.
Commonly Reported Descriptions of Buffer Zone Violations include:
- Protestors dressing up as Boston Police officers (BPD hats, shirts and clipboards) and asking for patients’ names and contact information.
- Blocking access to the front door.
- Consistent screaming at patients/employees
- Touching patients’/employees’ arms/shoulders/backs.
- Standing in front of cars and/or the keypad to block patient/employee access to the garage.
- Photographing and filming into patient/employee cars.
- Throwing anti-choice literature and pamphlets in cars entering the garage.
Does the new law apply to everyone?
No one is allowed to stand inside the 35-foot radius except:
- People entering or leaving the clinic; including patients and staff,
- Health center staff, law enforcement and other public service employees acting within the scope of their employment, and
- People using the public sidewalk or street right-of-way to get to another destination.
Will this new law pass constitutional muster?
Courts across the country have upheld buffer zones laws as a reasonable and constitutionally permissible restriction. Our own Massachusetts Supreme Judicial Court reviewed an earlier proposal for a fixed, 25-foot buffer zone and found it to be constitutionally sound.
Current Status of the Bill
This bill was signed in to law by Governor Patrick on November 13, 2007.
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