Two years after New Hampshire put a law on the books that prohibits people from protesting within 25 feet of abortion clinics, some health centers are finally considering whether to actually implement the so-called buffer zones.
The law had largely been in limbo since its passage. But many of the hangups have now dissolved.
Repeated Republican efforts at the State House to repeal the buffer zone law have failed. The Senate rejected the latest attempt last week.
The buffer zone law faced a challenge in court, and went unenforced while the lawsuit was pending. But last month, a federal judge dismissed the case, saying that the suit filed by a Catholic nun and other anti-abortion protestors was “premature.”
Abortion clinics in New Hampshire are starting a conversation about whether buffer zones are in the cards.
“Now that the cloud of litigation has been removed from New Hampshire’s buffer zone law, (Planned Parenthood of Northern New England) looks forward to discussions with officials in the communities where we have health centers,” according to the organization’s Vice President of Public Policy Jennifer Frizzell.
Planned Parenthood runs five health care centers in New Hampshire, but only two – in Manchester and Keene – provide abortions.
“We intend to be thoughtful and deliberate in moving towards implementation to ensure the privacy and safety as intended by the law,” Frizzell said in a statement. She didn’t outline a timeline, or specific plans for either clinic.
The state law, supporters say, is meant to maintain public safety, and help protect patients and staff from harassment and intimidation.
It requires clinics consult with local officials and the police before putting up signs that mark the buffer zone, which can extend up to 25 feet from a clinic’s entrance, exit or driveway.
Once signs are posted, protesters can’t congregate, patrol, picket or demonstrate within the buffer zone. A first offense can result in a written warning. Protesters who violate the buffer zone policy subsequently can face fines of more than $100.
So far, no clinics in the state have actually set up the signs that put a buffer zone into effect.
Some clinic officials say the mere existence of the law has led to more civilized protests outside their buildings and helped to reduce yelling at patients.
“The law has put everyone on notice,” said Linda Griebsch, executive director of the Joan G. Lovering Health Center in Greenland.
The center isn’t considering enforcing a buffer zone right now, but that could change if picketers resume blocking the entrance to the driveway.
“So far it’s not in our plan,” Griebsch said. “If things are difficult for our patients, we would consider it.”
The Concord Feminist Health Center is planning to start talking with officials at the Attorney General’s office, the Concord Police Department and the city.
“To say whether or not we’re going to do it automatically, I don’t know,” said center Director Dalia Vidunas. “We have to involve all the partners to see where we should next go.”
But the fight over buffer zones is far from over.
Opponents argue the law limits free speech and stops demonstrators from counseling patients about alternative options to abortion.
Sister Mary Rose Reddy and other anti-abortion protestors are appealing the federal judge’s ruling, according to their attorney Michael Tierney. Should any abortion clinics here put up signs announcing a buffer zone, Tierney said he would request the court issue a temporary restraining order, so the zones couldn’t be enforced.
Rep. JR Hoell, a Dunbarton Republican, plans to file a bill again next year – if he is re-elected – that would again try to repeal the buffer zone law.
“It’s an important First Amendment issue,” Hoell said. The fate of the repeal bill, however, will likely depend on the makeup of the Legislature post 2016 election.
And it may not be enough for Republicans to just keep control of the House and Senate. This year’s buffer zone repeal bill failed in the Republican-controlled Senate after two Republican members joined all 10 Democrats to vote against it.
Calling all candidates
At least four senators are not seeking re-election this year, opening up seats for new faces and maybe change in party affiliation.
Three Republicans in the chamber aren’t running again. Jeanie Forrester, in District 2, is running for governor. Russell Prescott, a seacoast Republican who represents District 23, is running for Executive Council. And Jerry Little was confirmed as the state’s new banking commissioner.
On the Democratic side, Sen. David Pierce recently announced he won’t run for re-election because he is moving from his district in the Upper Valley to Nashua.
Donald Trump at the top of the ticket could give Democrats a boost at the polls this November, some think.
Republicans currently hold the Senate, with a 14 to 10 majority over Democrats. The filing period for candidate opens June 1 and closes June 10.
What to watch
It’s the last week for the House and Senate to act on bills, and several big ones will be up for debate. The House must vote on substance abuse spending bills that fund a statewide drug court grant program and put more money toward treatment and law enforcement efforts. The Senate will vote on a bill that would let the state explore turning the former Laconia State School into a drug treatment and recovery center.
(Allie Morris can be reached at 369-3307 or at amorris@cmonitor.com.)