A Catholic sidewalk counselor is petitioning the Supreme Court of the United States to take another look at its 2000 ruling in Hill v. Colorado, which “allowed states and local governments to ban peaceful life-affirming advocacy on public sidewalks.”
Debra Vitagliano would like to minister to women outside abortion facilities in Westchester County, New York. However, last year the county passed a “buffer zone” law, restricting the activity of sidewalk counselors like Vitagliano outside of abortion businesses. According to the law firm Becket, the buffer zone law “establishes a 100-foot zone around abortion clinics—including public sidewalks—and prevents anyone from approaching within eight feet of another person in that zone unless given explicit consent.” Becket reports the buffer zone law was modeled after that upheld in Hill.
“I am called to be a compassionate voice to abortion-vulnerable women, letting them know that that they are loved, supported, and can choose life for their babies,” said Vitagliano. “I pray that the Justices will take this case and allow me to help women in need.”
In June, a 2nd U.S. Circuit Court of Appeals in Manhattan ruling in Vitagliano’s case found that the Westchester County law was valid due to the ruling in Hill, though it also confirmed that Vitagliano had standing to ask the Supreme Court to review its previous decision. Becket is optimistic SCOTUS may take the case noting, “last year five Justices of the Supreme Court stated that Hill was a major departure from our nation’s protections of free speech. Debra’s case presents an ideal opportunity for the Supreme Court to right Hill’s wrong and protect all those who want to serve abortion-vulnerable women.”
“No one should be arrested and put behind bars for having peaceful, face-to-face conversations on a public sidewalk,” said Mark Rienzi, president and CEO at Becket. “The Court should fix the mistake of Hill and make clear that the First Amendment protects these offers of help and information to women in need.”
Supreme Court justices are expected to decide whether or not they will take the case this fall.
