The Board of Supervisors finds that every person in the County of Sacramento has a basic and fundamental right to privacy protected by the United States Constitution and explicitly guaranteed in California's Constitution, Article I, Section 1, including the right to seek and obtain all health care services permitted under the laws of this State. Central to this right is the need to secure access to all reproductive health care services. Access to these services is a matter of critical importance not only to the individual but also to the health and welfare of all citizens of the County. Intentional efforts to harass an individual in order to deter or prevent the individual from exercising his or her right to seek and obtain health care services are therefore contrary to the interests of the people of Sacramento.
The Board of Supervisors finds that for many people seeking access to medical treatment, being forced to run a gauntlet of protestors who intend to deter or impede access to the health care facility can be directly injurious to the patient's health, even if the patient is not physically barred from entry. Other persons may be sufficiently intimidated to put off necessary or timely medical treatment entirely. The Board of Supervisors further finds that protests at the entrance to health care facilities in the County of Sacramento have often disrupted the operation of the facilities as well as the ability of individuals to seek and obtain services within the facilities.
In adopting this legislation, the Board of Supervisors recognizes both the fundamental constitutional right to assemble peaceably and to demonstrate on matters of public concern, as well as the right to seek and obtain health care. The Board of Supervisors finds that law enforcement officers often have difficulty determining when the exercise of the right to protect violates the competing right of those seeking access to health care facilities. The Board of Supervisors further finds that the provisions of this ordinance promote the full exercise of these rights and strike an appropriate accommodation between them. The failure of the Board of Supervisors to take steps to accommodate these competing interests may jeopardize the exercise of both privacy and the First Amendment rights.
The Board of Supervisors finds that the buffer zone outside of health care facilities established by this ordinance ensures that patients have unimpeded access to medical services without unduly impairing the ability of demonstrators to communicate their message to their intended audience. The buffer zone imposes content-neutral time, place and manner restrictions, which are tailored to serve a significant government interest and which leave ample alternative channels of communication. The buffer zone has been determined to be reasonable by the Sacramento Superior Court based upon its review of similar facts and a determination that such a buffer protects those accessing clinics without unreasonably interfering with communication. It is also based upon a determination made independently by the Board of Supervisors as a result of evidence heard and considered by the Board.
This ordinance is not intended to create any limited, designated or general public forum. Rather it is intended to protect those who seek access to health care from conduct which violates their rights.
This ordinance is supplemental to and not inconsistent with the federal Freedom of Access to Clinic Entrances Act, which Act specifically provides that it is not intended to preempt local regulation of this matter.
(SCC 1258 § 1, 2003)
a. 
"Buffer zone" means a sphere of protection surrounding any entrance to a health care facility. The sphere is delineated by a 20-foot radius extending in all directions from the entrance to a health care facility.
b. 
"Health care facility" means a facility licensed pursuant to Chapter 1 (commencing with Section 1200) of Division 2 of the Health and Safety Code, a health facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code, or any facility where medical care is regularly provided to individuals by persons licensed under Division 2 (commencing with Section 500) of the Business and Professional Code, the Osteopathic Initiative Act, or the Chiropractic Initiative Act, provided that said facility provides reproductive health care services.
c. 
"Reproductive health care services" means all medical, surgical, counseling and informational services related to the human reproductive system.
d. 
"Person" shall include, but is not limited to:
1. 
Individuals;
2. 
Corporations;
3. 
Not-for-profit organizations;
4. 
Partnerships;
5. 
Associations; and
6. 
Groups or other entities.
"Person" shall not include an individual seeking access to, passage from or services within a health care facility and his or her escorts.
(SCC 1258 § 1, 2003)
a. 
It shall be unlawful for any person to harass, as defined in this section, or attempt to harass an individual entering, exiting or seeking care inside a health care facility.
b. 
"Harassment" refers to situations where a person intentionally approaches another 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 or sidewalk area within a distance of 20 feet from the entrance to a health care facility.
(SCC 1258 § 1, 2003)
a. 
Any person who violates Section 9.110.030 of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in the County Jail, fine or both. Upon a first conviction for violation of Section 9.110.030, the person shall be imprisoned in the County Jail for up to three months, fined up to $500 or both. Upon a subsequent conviction for violation of Section 9.110.030, the person shall be imprisoned in the County Jail for up to six months, fined up to $1,000 or both.
b. 
Nothing in this Article shall preclude any person from seeking any other remedies, penalties or procedures provided by law.
(SCC 1258 § 1, 2003)
a. 
Any person who is seeking or intends to seek access to a health care facility and is aggrieved by an act prohibited by Section 10.08.030 may bring an action for damages, injunctive and/or declaratory relief, as appropriate, 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 an action shall be entitled to recover from the violator those damages, costs, attorneys' fees and such other 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 $1,000 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.
(SCC 1258 § 1, 2003)
In undertaking the adoption and enforcement of this chapter, the County is undertaking only to promote the General welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(SCC 1258 § 1, 2003)
In adopting this legislation, the Board of Supervisors recognizes both the fundamental constitutional right to assemble peaceably and to demonstrate on matters of public concern, as well as the right to seek and obtain health care. This legislation promotes the full exercise of these rights and strikes an appropriate accommodation between them.
It is not the intention of the Board of Supervisors to interfere with the right to protest, including the right to protest conditions of employment, outside of the previously defined buffer zone. Rather it is the intention of the Board of Supervisors to impose reasonable time, place and manner restrictions on all protest, to protect the right to seek and obtain health care.
(SCC 1258 § 1, 2003)