In a ruling that seems to have sweeping consequences for abortion rights supporters and anti-abortion protesters, two laws designed to protect access to abortion clinics were ruled unconstitutional Tuesday by a federal judge in Charlotte.
U.S. District Judge Robert Potter rendered the decision, thus overturning the federal Freedom of Access to Clinic Entrances Act and the North Carolina No Obstruction of Health Care Facilities Act, two laws that had been in place since 1993.
The federal statute prohibited the use of force in an attempt to block access to an abortion clinic. The state law prevented similar uses of force, but its scope extended to all health-care facilities.
In his decision, Potter wrote that the language of the law was too vague, rendering it unconstitutional. "The police do not understand what the terms of the statute mean and how it should be enforced," he wrote.
Abortion-rights opponents lauded the decision, arguing that the laws had squelched anti-abortion protesting. The vagueness of the laws had resulted in a "chilling effect" on all forms of anti-abortion protesting, said Barbara Holt, state president of North Carolina Right to Life, an anti-abortion organization.
Although it supports the ruling, Right to Life encourages supporters to use only legal protest methods, Holt said. She agreed with Potter that police officers had used inconsistent standards in enforcing the law, which has led to a reluctance to protest.
"Peaceful protesters were afraid of protesting constitutionally because they were afraid of being arrested," Holt said.
But abortion-rights proponents say that the decision will reopen the door to future violence against those seeking or performing abortions.
"Right now, clinics and other facilities have no protection," said Susan Austin, board chair of NARAL-NC, an affiliate of the National Abortion and Reproductive Rights Action League. She added that the two laws have resulted in a significant reduction in the amount of violence at abortion clinics.
Before the enactment of the two laws, numerous acts of violence occurred at North Carolina clinics, according to a 1993 study by NARAL-NC. Each one of the 10 surveyed clinics reported that it had suffered some sort of violent act in the past, said Beth Ising, executive director of NARAL-NC.
The violent acts chronicled by the study included two clinic bombings, the 1992 burning of a Fayetteville clinic, and numerous clinic blockades in Asheville, Charlotte, Chapel Hill and Durham.
Officials at the state Attorney General's Office have said they will appeal Potter's decision. If such action is taken, the case would go to the 4th U.S. Circuit Court of Appeals in Richmond, Va.
On its side, the abortion-rights supporters have the fact that almost all previous challenges to the Freedom of Access to Clinic Entrances Act have been unsuccessful, said Ising, including one in the 4th Circuit Court.
Nevertheless, abortion-rights proponents are already taking steps to protect those involved with clinics while Potter's ruling remains in effect. Specifically, NARAL-NC is in the process of contacting state clinics and informing them about the ramifications of the ruling, Ising said. The organization will also help find escorts to accompany people who enter and leave clinics.
"Our priority is to make sure that clinic doors stay open, and that women feel that their safety is guaranteed when they try to obtain health care," Ising said.
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