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Abortion opponents file lawsuit against Clearwater over 'buffer zone' at abortion clinic

The buffer prohibits demonstrators from crossing 5 feet from the driveway's edge at Bread & Roses Women's Health Center, the site of frequent protests.

CLEARWATER, Fla. — The battle over demonstrations outside a Clearwater abortion and women's health clinic continues with a new lawsuit.  

Abortion opponents are now suing the city over a new ordinance that puts a five-foot buffer zone in place at Bread and Roses Woman's Health Center's driveway's edge. It was put in place after leaders say the group became increasingly hostile outside of the clinic in the months since Roe v. Wade was overturned.

The lawsuit plaintiffs argue the ordinance violates their freedom of speech.

"It hinders our speech from being effective," Scott Mahurin, the Director of Florida Preborn Rescue, said. "That's what we're arguing."

Mahurin said the buffer zone makes it impossible to offer information to or have a normal conversation with women entering the clinic.

"Our focus has been on getting the word out to women entering the clinic that there are options for them," Mahurin said. "This makes it very very difficult for us. Who wants to get information from someone shouting over a fence at them?" 

Mahurin and Florida Preborn Rescue are named as plaintiffs in the lawsuit that was filed with the city of Clearwater on Wednesday. Tyler Brooks is the attorney representing the plaintiffs. 

"The goals of this lawsuit are to protect the first amendment rights of the plaintiffs and also to ensure that the women and others who are going to the clinic have their rights to happen to receive information upheld," Brooks said.

Clearwater City Council voted to approve the ordinance in March after then-Police Chief Dan Slaughter expressed safety concerns. 

"The protest activities have become more escalated over the past several months and it's creating an unsafe situation when the vehicles enter and leave the location," Slaughter said during a city council meeting in February. 

However, Mahurin said he and other demonstrators with Florida Preborn Rescue have never been aggressive while demonstrating outside the clinic. His lawyer argues this ordinance, intended to reel in aggressive protesters, now infringes on Florida Preborn Rescue's peaceful mission.

"They want to treat everybody as if they're the same and as if they create the same issues, and you just can't do that under the First Amendment," Brooks said.

10 Tampa Bay has reached out to the city of Clearwater, former Chief Slaughter, and Bread & Roses Clinic for comment on the lawsuit and has not heard back.

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