MADISON — On February 26, Alliance Defending Freedom attorneys filed a lawsuit in federal court against the City of Madison on behalf of Vigil for Life, Madison (a Pro-Life Wisconsin affiliate) and 10 other “free-speakers” who engage in a variety of leafleting, education, and sign display activities on campus and around Madison.
The suit seeks an emergency injunction against the new law, sponsored by NARAL Pro-Choice Wisconsin and passed unanimously by the Madison Common Council on February 25.
‘Speech-scrubbing bubbles’
The suit says the law creates hundreds of 320-foot wide “speech-scrubbing bubbles” throughout Madison, including on State St., the Capital Square, on the University of Wisconsin-Madison campus, and outside the City/County Building.
In each “bubble,” the law bans anyone approaching within eight feet of persons to leaflet or educate.
“All citizens have the freedom to leaflet on public sidewalks, including pro-life advocates,” said Gwen Finnegan, director of Vigil for Life, Madison.
“No city can create a gag rule banning leafleting on miles of public sidewalks in places like campus, State St., and Capital Square, just to drive its brazen pro-abortion agenda against peaceful people who offer women compassionate choices outside of abortion facilities.”
‘Buffer Zone’ ordinance
The City of Madison’s “Buffer Zone” ordinance creates “bubble” areas 320-feet wide in diameter around each entrance of every building in Madison that happens to have a physician’s office, clinic, or hospital inside.
In each “bubble,” no person may “approach” within eight feet of another person to leaflet, educate, display a sign, protest, or counsel passersby.
The lawsuit alleges that offices used by physicians create bubbles around hundreds of locations, including the Student Government’s office building on University and East Campus Mall, on State St., on the Capital Square, and on sidewalks outside UW campus’ Medical Sciences buildings and the Wisconsin Primate Research Center.
Plaintiffs seek free speech
The suit seeks injunctive relief for all “free speakers.” Named plaintiffs include student organizations Students for Life of Madison and Badger Catholic, who engage in speech around campus; high school teachers from St. Ambrose Academy in Madison who distribute “pro-life cupcakes” on State St.; Fr. Richard Heilman’s Rosary Rally held at the Capital Square and State St.; Sarah Quinones, who engages in pro-raw-milk leaflet distribution; Ryan Woodhouse, who speaks religious messages downtown and outside public events; and Vigil for Life and three of its participants who witness outside the east side’s Planned Parenthood Clinic.
Senior Legal Counsel at Alliance Defending Freedom and attorney for the plaintiffs, Matt Bowman, said the Madison law is overbroad under the First Amendment. “The right to leaflet on the public sidewalk is the crown jewel of the freedom of speech, but the city washed that right away with its gag-rule ordinance that creates hundreds of bubble zones banning leafleting around Madison,” he said.
On February 28, U.S. District Judge William Conley denied the request for a temporary injunction. The City of Madison has until March 31 to respond to the motion. Vigil for Life has until April 14 to reply to the city’s response.