Signed by Governor Deval Patrick

Vote Smart's Synopsis:

Vote to pass a bill that authorizes law enforcement officers to order the withdrawal of individuals impeding access to a reproductive health care facility.

Highlights:

• Authorizes law enforcement officials to order the immediate withdrawal of any individual who “substantially impedes” access to or departure from an entrance to a “reproductive health care facility” (Sec. 2). 

• Defines “impede” as to obstruct, block, or detain or render passage impossible, “unsafe, or unreasonably difficult” (Sec. 2).

• Defines “reproductive health care facility” as a place where abortions are offered or performed including, but not limited to, the building, grounds, driveway, and parking lot of the facility (Sec. 2). 

• Requires the withdrawal order to be issued to an individual in violation of the provisions of this bill, in writing, and requires the order to include the following information (Sec. 2):
• That the individual impeded access to the facility;
• That the individual shall, under the penalty of arrest and prosecution, immediately withdraw and cease to be located within at least 25 feet of an entrance to the facility; and
• That the order shall remain in place for 8 hours or until the close of business of the facility, whichever is earlier.

• Specifies that the provisions of this bill apply only if the 25 foot boundary is “clearly marked” and if penalties for violations of the provisions of this bill are posted outside of the facility (Sec. 2).

• Specifies that if an individual does not comply with a withdrawal order, an “aggrieved” individual or the attorney general or both may file a lawsuit (Sec. 2).

• Specifies that if the attorney general prevails in court, the attorney general shall be granted the following (Sec. 1):
• An award of compensatory damages for any “aggrieved individual”; and
• Litigation costs and attorneys’ fees.

• Authorizes the court to award civil penalties against each defendant in an amount of up to $5,000 for each violation, in a matter involving the “interference” with any right protected by the United States Constitution (Sec. 1).

Full Bill Text