For a better experience of this site, we recommend that you upgrade your web browser. Scroll to the bottom of the page for the full site menu.

Last Updated 11/20/2009

Chicago Police Profoundly Confused on New "Bubble Zone" Law

Chicago Police stand near Albany abortuary entrance after forcing pro-life counselor Ann Scheidler to move 50 feet away [Photo by Ann Scheidler]

Two days after the enactment of a Bubble Zone designed to restrict the pro-life outreach of sidewalk counselors, Chicago police are enforcing the new law erroneously, illustrating how wrong-headed and unjust this law really is.

On the morning of November 19, League Vice President Ann Scheidler was sidewalk counseling at the Albany Medical-Surgical Center when clinic director Diana Lamon arrived. Lamon approached Ann, disrupting a dialog she was having with an abortion-bound woman, and told her she cannot come within 50 feet of the entrance.

Ann explained that this is not what the Bubble Zone law says, but Lamon walked off, saying she was going to call the police. Shortly thereafter three squad cars arrived and three officers and entered the facility.

Police Refuse To Read Full "Bubble Zone" Text

Ten minutes later, the police emerged form the clinic and Officer Erbacci repeated Lamon's erroneous claim that Ann had to stay fifty feet away from the entrance. He showed her a copy of the ordinance, apparently given to him by Lamon, with the "fifty feet" language.

Three squad cars answered the call from Albany abortuary [Photo by Ann Scheidler]

Ann tried to point out to him that you have to read the full sentence of the ordinance to understand its meaning. The ordinance does not say pro-life counselors cannot come within 50 feet of the entrance, but that they must get permission to come closer than eight feet to another person within 50 feet of the entrance.

Ann then showed the officer the mark she'd made on the sidewalk at the fifty-foot line, and tried again to explain that inside that line she cannot approach closer than eight feet to a client of the clinic without permission.

The officer responded, "You can't get closer than eight feet, anyplace, of someone who's going into the clinic"—another profound misreading of the actual ordinance.

Ann tried to get Officer Erbacci to read the full text of the ordinance, but he refused.

Unjust "Bubble Zone" Has Got to Go—TRO

8-4-010 Disorderly conduct.

A person commits disorderly conduct when he knowingly: . . .

(k) . . . (1) knowingly approaches another person within eight feet of such person, unless such other person consents, for the purpose of passing a leaflet or handbill to, displaying a sign to, or engaging in oral protest, education, or counseling with such other person in the public way within a radius of 50 feet from any entrance door to a hospital, medical clinic or healthcare facility . . .

A person convicted of disorderly conduct shall be fined not more than $500.00 for each offense.

—"Bubble Zone" language in full

Officer Erbacci then told Ann that every time a pro-lifer goes inside of the fifty-foot zone, the police would come and ticket them, with a $500 fine. Ann said he might just as well park on the curb and just stay there because pro-lifers would be coming every day and that his interpretation of the law is incorrect.

Meanwhile, Joe Scheidler, who was praying down the block while Ann was counseling, got pro-life attorney Tom Brejcha of the Thomas More Society Pro-Life Law Center on the phone. Tom asked to speak to the police officer, but he refused, saying, "I don't need to talk to Tom. He's not here."

At that point the police said they had to go to join the police escort for the funeral of Francheska Velez, the pregnant soldier slain in the Fort Hood shootings. Francheska's baby died as well. Musing on this irony, Ann resumed counseling in the alleyway behind the clinic, well outside the fifty-foot zone.

"If even the police cannot read this ordinance clearly, the court cleary needs to suspend this law," Scheidler remarked.

The morning's incident is expected to bolster the motion Thomas More Society attorneys are preparing for a temporary restraining order (TRO) on the Bubble Zone law.

[Back to Top]

Pro-Life Action League Protests New Chicago "Bubble Zone"

Cathy Mieding addresses the press

Sidewalk counselor Cathy Mieding addresses the press outside Planned Parenthood [Photo by John Jansen]

On Tuesday, November 16, dozens of pro-lifers gathered on the windy corner of LaSalle and Division on Chicago's north side to protest the city's new "Bubble Zone" ordinance which went into effect that day. The Pro-Life Action League had organized a press conference and protest to voice pro-lifers objections to the new law.

The ordinance requires that, within 50 feet of the entrance of an abortion clinic, a person cannot approach within 8 feet of a person attempting to enter the facility without their consent. The law is specifically aimed to hinder pro-lifers as they pray, sidewalk counsel and distribute literature outside abortion facilities.

Representatives from many of Chicago's major media outlets attended the press conference as speakers including the League's Joe and Ann Scheidler and sidewalk counselors Cathy Mieding and Julie Grisolano. They told the crowd about the life-saving options they had to offer and about their peaceful, prayerful approach they take to reaching out to abortion-bound women.

Ann Scheidler speaks to the press

Ann Scheidler speaks to the press [Photo by Matt Yonke]

Ann Scheidler and Cathy Mieding stretched an 8 foot rope between them to display to the press just how difficult it is to speak or distribute literature to someone that far away and what a ludicrous infringement it is upon pro-lifers' First Amendment rights.

Planned Parenthood had two "deathscorts" standing by their door as well as a well dressed man in a tan overcoat who came out of the facility at the beginning of the protest along with the "deathscorts."

The man, who appeared to be a lawyer for Planned Parenthood, stayed the entire duration of the protest and refused to tell anyone, from League staff to the press, who he was and what interest he had in the protest. From time to time, he snapped pictures of the scene with a disposable camera.

Though pro-lifers do not intend to break the new ordinance, they do plan to continue their work of distributing information and offering choices to women facing abortion. They do forsee difficulties stemming from the vagueness of the new ordinance.

It is unclear what meaning the city attaches to the word "approach," for example. Counselors and attorneys have been unable to ascertain whether a counselor standing outside an abortion facility would be violating the ordinance if a woman came within 8 feet of them, even if they didn't actually move into that woman's 8 foot bubble. Decisions will need to be made as pro-lifers see how the ordinance is enforced on the ground.

In the meantime, attorneys from the Thomas More Society Pro-Life Law Center, Chicago are prepaing a challenge to the ordinance in court, asking a judge to enjoin the law until it is determined whether or not it violates pro-lifers' First Amendment rights.

Media Coverage of the Event

[Back to Top]

Media Takes Notice of Pro-Life Action League Training

Attorney Tom Brejcha addresses pro-lifers on the new Chicago "Bubble Zone" ordinance [Photo by Ann Scheidler]

The Pro-Life Action League hosted a very successful Sidewalk Counseling Training Session on Saturday, November 14. Fifty pro-lifers turned out to learn more about being effective counselors and about dealing with the new Chicago Bubble Zone ordinance.

Ann Scheidler began with some general tips that all sidewalk counselors should know. She briefly explained milestones of fetal development as well as standard abortion methods. She explained that counselors need to know this information in order to effectively engage women entering the clinics. Using the example of the movie Juno, Ann reminded counselors of the importance small details can have in saving a life.

Ann explained the Chicago Method of sidewalk counseling, which alerts women to the lawsuits that have been filed against the clinic. She directed participants to the flyers in their folders, which contained the most up-to-date copies of the lawsuits against Planned Parenthood (Chicago) and Family Planning Associates. Participants were upset, though not surprised, to find that Planned Parenthood has been accused of leading to the death of a woman who went there for an abortion as recently as this year.

Katie Reidy, who works at a local pregnancy resource center (PRC), spoke on the relationship between sidewalk counselors and PRCs. She assured participants that when they bring a woman to their center, she is in good hands. Reidy urged counselors to take a tour of the PRC that is nearest the abortion clinic at which they counsel at so they will know exactly what resources are available to these women.

The final component of the training was a lesson on the new Chicago "Bubble Zone" ordinance, which is scheduled to go into effect November 17. Tom Brejcha, president and lead counsel of the Thomas More Society Pro-Life Law Center in Chicago began by explaining the basic protections the First Amendment provides for those engaged in protest in a "public forum," such as a sidewalk.

Then, looking closely at the text of the new ordinance, Brejcha attempted to explain the meaning of the significant words. The ACLU, which is against the Bubble Zone, interprets the word "approach" to mean a sidewalk counselor cannot ever be within eight feet of a person entering an abortion clinic.

Brejcha, referring to the etymological root of the word "approach," the French word s'approcher, said he believed the ordinance means a counselor cannot move him/herself in order to come closer than eight feet to a person without their consent, but that if that person comes towards the counselor, this is not "approaching."

Pro-lifers at the sidewalk counseling seminar [Photo by Ann Scheidler]

Brejcha stressed that the courts will be the ones who determine whether a person has violated the law, and promised that any person found guilty of violating the bubble zone ordinance while acting in good faith will be defended by the Thomas More Society.

Ann and League staffer Corrina Gura then demonstrated how far 50 feet is from the doorway by stretching a long yellow rope down the length of the room and out the door. They explained that within this distance from a clinic entrance, a person gets an eight-foot bubble around him or herself. They then stretched another rope to show how far eight feet is from another person. Within this space, a counselor cannot "approach" another person without "consent."

Various questions arose about how to determine consent. Is it enough that she doesn't say no? Or must she say yes to a counselor? And does stretching out one's arm constitute "approaching"? Unfortunately many of these issues will need to be resolved by the court, which is why the Thomas More Society plans to file a temporary restraining order against this ordinance.

Corrina finished by showing a PowerPoint presentation of the Chicago abortion clinics. At each clinic, she and Ann measured 50 feet from the entrance to show counselors where the bubble zone began. Because in most instances it will not be possible to stay outside the 50-foot zone to counsel, they also measured eight-foot distances from where counselors would be likely to stand in order to give them an idea of where an individual's personal eight-foot bubble began.

Related Links

[Back to Top]

House Passes Stupak Amendment, More Work Ahead for Pro-Life

Pro-lifers in front of congress at the March for Life

Pro-lifers outside the Capitol at the March for Life [Photo by Eric Scheidler]

The US House of Representatives passed the Stupak Amendment to the healthcare reform bill Saturday, November 7—a great victory for the pro-life movement. The amendment, proposed by Rep. Bart Stupak, a Democrat from Michigan, explicitly forbids federal funding for abortion. It passed with 240 votes, a clear majority of 46 votes.

Pro-choice Democrats fought tooth and nail to resist all attempts to put specific language in the healthcare bill that would forbid abortion funding, insisting that funding abortion was already forbidden by the Hyde Amendment and that the word abortion was not even in the bill. House Speaker Nancy Pelosi planned not to let the Stupak Amendment even come up for a vote before the house.

In response, pro-life organizations across the country banded together to form the Stop the Abortion Mandate coaltion. The coalition urged supporters to contact their representatives by phone, e-mail, regular mail and fax insisting that they allow the Stupak Amendment to be voted on and that they support the amendment in that vote.

Pro-lifers flooded Representatives' offices with calls and letters and the US Conference of Catholic Bishops urged Representatives to pass the amendment. In the end, the amendment was brought for a vote and passed, as did the healthcare reform bill later that day.

But the struggle against abortion funding in healthcare reform is not over. The bill still has to pass the Senate and many pro-lifers are afraid that the Stupak Amendment may be stripped from the bill before it can pass there. Planned Parenthood, NOW and other pro-choice groups are trying to rally their supporters to push their Senators to reject the bill in its current form.

The League will be following the story closely and alerting supporters list when more calls and letters to Senators will be needed.

Additional Information

[Back to Top]

Illinois Parental Notice Law Enforced for Six Hours

Joe Scheidler addresses the media after the Parental Notice hearing

Joe Scheidler addresses the media after the hearing [Photo by Ann Scheidler]

Just six hours after the Illinois Department of Professional Regulation had declined to extend the grace period on Illinois' Parental Notice law, The ACLU went into Cook County Circuit Court, representing the infamous Hope Clinic of Granite City, IL and abortionist Allison Cowett, to request a Temporary Restraining Order against the law.

Lorie Chaiten, attorney for the ACLU Reproductive Rights Division argued that under the Illinois State Constitution the right to privacy guarantees the right to abortion regardless of a woman's age. She also claimed that gender equality dictates that the state cannot prefer childbirth over abortion and that the notion that childbirth would be preferable is based on outdated stereotypes that women should be mothers.

Chaiten argued that pregnant girls are permitted to make other decisions, including decisions for minor children they already have, and therefore minor teens should not be required to communicate with their parents or seek a judicial bypass in order to get an abortion. According to Chaiten teen girls face abuse and rejection from their parents, causing irreparable harm.

Assistant Attorney General Argues for Reason

Assistant Attorney General Tom Ioppolo argued for the State of Illinois that the Illinois Legislature should be respected for the thought that went into the 1995 Parental Notice Act. Ioppolo said that the Illinois Constitution was passed in 1970, prior to Roe v Wade, and that the privacy clause would have to be grossly misconstrued to claim that it guaranteed the right to an abortion.

Ioppolo pointed out that an abortion clinic counselor, who would spend an hour or less with a minor teen, would not have the same concern for the young woman as her parents would. He also pointed out that there may be medical concerns that parents are aware of that would be overlooked if they are left out of the decision to have an abortion.

Judge Daniel Riley granted the Temporary Restraining Order, and scheduled a status hearing for November 19 to consider whether to grant a Preliminary Injunction while the ACLU pursues its efforts to throw out Illinois' Parental Notice law entirely. Riley also ruled that the Thomas More Society Pro-Life Law Center, Chicago, which attempted to intervene in the case, could not be heard at Wednesday's Hearing, but will hear arguments from TMS attorney Tom Brejcha on November 19.

[Back to Top]

Parental Notice Law Takes Effect in Illinois

League staff at the Capitol

League staff at the Capitol building in Springfield, IL

After a fourteen year struggle, Illinois' embattled Parental Notice Act went into effect on Wednesday, November 4, 2009.

The law, which passed the Illinois State Legislature with bi-partisan majorities in both houses, requires physicians to contact one parent, step-parent or other legal guardian at least 48 hours before performing an abortion on a girl under 18 years old. The law has a judicial bypass option whereby a minor girl could appear before a judge to receive permission to get the abortion without notifying her parents in certain cases.

When it first passed, the law was immediately enjoined by the ACLU for not having clear enough rules for how a judicial bypass could be obtained, and it stayed that way for the next 14 years. In 2009, that process was finally finished, and the Illinois Supreme Court declared that the law should be enforced.

90 Day moratorium on Parental Notice Law

At that point, the Illinois Department of Financial and Professional Regulation declared a 90 day moratorium on enforcement so that abortionists could put procedures in place to follow the law. That moratorium expired on November 4, but the ACLU recommended another moratorium be put in place and the Department of Financial and Professional Regulation was going to comply.

But the Pro-Life Action League and a host of other pro-life groups from around the state rallied their supporters, who flooded Governor Pat Quinn's office with calls demanding that the Department of Financial and Professional Regulation end the moratorium. It was announced on the morning of November 4 that there would be no further extensions and the law would go into effect immediately—a great victory for pro-life forces.

Unfortunately, the battle wages on as the Thomas More Society Pro-Life Law Center, Chicago is in court with the ACLU as they attempt to read a broad right to abortion into the Illinois Constitution to rule the Parental Notice Act unconstitutional. The federal courts have already ruled that the Parental Notice Act is valid and constitutional under the U.S. Constitution, and the Illinois Supreme Court has instructed [PDF] that "our state courts are prepared to proceed to apply the law as enacted.

[Back to Top]

Life Issues Headlines from LifeSite

[LifeSite News]

These daily headlines on the life issues are provided by an newsfeed from LifeSite, "Your Life, Family and Culture Outpost," North America's premier source for news on the life issues and the culture wars.

Please Note: Any editorial views expressed in the articles linked below are those of the author and do not necessarily represent the views of the Pro-Life Action League.

LifeSite Headlines for Friday, November 20, 2009

Powered by LifeSite
[Back to Top]