The city council finds that enactment of reasonable time, place
and manner restrictions to separate and protect persons expressing
their views and persons wishing access to health care facilities without
direct confrontation, hindrance, harassment or intimidation, benefits
the public welfare. The purpose of this chapter is to impose time,
place and manner restrictions intended to reconcile and protect First
Amendment rights of persons near health care facilities and the rights
of persons seeking to use health care facilities to be free from direct
confrontation, hindrance, harassment, intimidation and harm.
(Ord. 2537-96 § 1)
The following words and phrases, whenever used in this chapter,
shall be construed as defined in this section:
means any portion of a public street or other public place
or any place open to the public within one hundred feet of an exterior
wall of a health care facility.
means all expressive and symbolic conduct, whether active
or passive, which shall include, but not be limited to, protesting,
picketing, distributing literature, and engaging in oral or silent
protest, education or counseling activities.
means any medical or health facility, hospital or clinic
within the city which is licensed under state law or any building,
office or other place within the city regularly used by any health
care provider licensed under state law to provide individual, nursing,
or health care or advice to patients.
(Ord. 2537-96 § 1)
(a)
It
is unlawful for any person, in the course of demonstration activity
within the access area of a health care facility, acting alone or
in concert with others, to impede or hamper the free access to or
departure from any health care facility by failing to withdraw immediately
to a distance of at least eight feet away from any person who has
requested such withdrawal. Distance shall be measured from that part
of the closest demonstrator's body that is nearest to the closest
part of the requesting person's body. For this purpose, "body" shall
include any natural or artificial extension thereof, including, but
not limited to, an outstretched arm or handheld sign.
(b)
Withdrawal
may be requested by a person verbally, or by carrying or wearing a
visible sign clearly indicating such withdrawal request. Statements
by a person, or signs carried or worn by a person displaying words
or symbols such as or similar in effect to "stop," "withdraw," "back
off," get away," or "leave me alone" shall be sufficient to constitute
a request to withdraw. Failure to comply immediately with any such
request shall constitute a violation. Statements of opinion or disagreement
absent a request to withdraw shall not be construed to be a request
to withdraw.
(Ord. 2537-96 § 1)
(a)
Any
person who is seeking or intends to seek access to a health care facility
or who is aggrieved by an act prohibited by this chapter may bring
an action for damages, injunctive and/or declaratory relief in a court
of competent jurisdiction against any person who has violated, has
conspired to violate or proposes to violate its provisions.
(b)
Any
person who prevails in such action shall be entitled to recover from
the violator these damages, costs, attorney's fees and other such
relief as determined by the court. In addition to all other damages,
the court may award to the aggrieved person a civil penalty of up
to one thousand dollars for each violation.
(c)
The
remedies provided by this section are in addition to any other legal
or equitable remedies the aggrieved person may have and are not intended
to be exclusive.
(Ord. 2537-96 § 1)
