Pro-life sidewalk counselors gain victory as Kentucky judge blocks buffer zone law

A district court judge in Kentucky has ruled that the “buffer zone” law outside an abortion facility in Louisville cannot be enforced, granting pro-life groups a court victory and the ability to continue counseling women. A permanent injunction was placed on the buffer zone ordinance on September 13, following a legal battle which lasted over three years. 

The court’s permanent injunction has effectively struck down Louisville’s unconstitutional buffer zone law, permitting sidewalk counselors to do what they do best — offer desperate women life-saving and empowering alternatives to abortion.

“We are thrilled with this victory after a years-long battle that vindicates important First Amendment rights for our clients and their ministries,” said Chris Wiest, who represented Kentucky Right to Life and Sisters for Life, according to Kentucky Today.

Kentucky Right to Life Association, Sisters for Life, and individual pro-life advocates first challenged the city of Louisville’s Ordinance O-179-21 in June of 2021, arguing that the buffer zone law was unconstitutional and violated First Amendment Rights. The ordinance prohibited sidewalk counselors from entering within 10 feet or blocking the entrance of EMW Women’s Surgical Center, which severely limited their legal ability to aid women entering and exiting the abortion facility.

According to KentuckyToday.com, “EMW no longer performs abortions, and their building was put on the market in May 2023, but District Judge Rebecca Jennings’ ruling notes that sidewalk counselors have moved to a Planned Parenthood facility in Louisville. That clinic does not perform abortions.”

Though that facility does not offer abortions on-site, Planned Parenthood openly directs women to nearby abortion centers or refers them to online abortion pill distributors.

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The legal battle began when the sidewalk counselors who served outside EMW Women’s Surgical Center, including Sisters for Life, Kentucky Right to Life, Edward Harpring, and Mary Kenney, sued the Louisville mayor, Louisville Metro Government, the police chief, and the district attorney after the buffer zone law was passed in Louisville. The plaintiffs won their first victory in December of 2022, when the Sixth Circuit of Appeals ordered a preliminary injunction on the law, preventing the city from enforcing the buffer zone regulations. Despite much opposition, on March 30, 2024, Western District Court Judge Rebecca Grady Jennings allowed the case to move forward, which led to the recent ruling in favor of the plaintiffs.

Founder of Sisters for Life, Angela Minter, celebrated the most recent ruling, which will allow her ministry to continue.

“This is a victory for faith and free speech, a justice for the moms and the babies, and we give thanks to all who have stood firm in this fight for life,” she said.

Urge Walmart, Costco, Kroger, and other major chains to resist pressure to dispense the abortion pill