From Deseret News archives:
Street protester bill yanked
Would have cut access to church, medical buildings
HB131 used the language of a controversial Colorado law aimed at restricting anti-abortion activists outside clinics to keep street preachers from approaching people outside places of worship.
On the House floor Thursday, Rep. Doug Aagard, R-Kaysville, announced he was withdrawing his "Access to Health Care Facilities and Places of Worship" bill from consideration.
"It's going away with the wind," Aagard told the Deseret Morning News. Aagard said his main purpose for the bill was to get the attention of street preachers and hold them criminally and civilly accountable for any harassment.
The bill would have made it unlawful for any protester to approach within 8 feet of a person for the purpose of passing a leaflet, displaying a sign or engaging in conversation. Protesters would also have been limited to no more than 100 feet from the entrance of any medical facility or place of worship. Not only would the bill have made the offense of this law a class-B misdemeanor but also would have allowed the person harassed to sue for civil damages.
The bill certainly did get the preachers' attention, as one attorney representing them said they would have taken legal action against the state had the bill passed into law, citing serious constitutional concerns.
Anti-abortion protestors in Colorado took that state's version of the law to the U.S. Supreme Court, which upheld the law as constitutional, citing that women seeking abortion counseling at a clinic have a right against harassment, given that the subject was such a difficult and personal decision.
Although the Supreme Court upheld the language for clinics, the same could not be said if applied to places of worship, said attorney Randall Wenger, who represents a group of street preachers.
Aagard said he pulled the bill due to some unresolved issues with it but would not say what those were. However, he did say there is a possibility that he will reintroduce the bill during next year's legislative session.
E-mail: gfattah@desnews.com
