Fiscal Note
No significant fiscal impact is anticipated in conjunction with the Ordinance amendments.
Title
Amending Sections 23.01 and 1.08(3)(a) of the Madison General Ordinances to prohibit obstructive and threatening behavior at reproductive health care facilities.
Body
DRAFTER'S ANALYSIS:
Following the U.S. Supreme Court’s ruling in McCullen v. Coakley, No. 12-1168 (June 26, 2014), the City has determined it necessary to amend the recently enacted sec. 23.01, MGO. Most significantly, this amendment removes the protective, so called “buffer” zone, within 100 feet of the entrance to health clinics and 30 feet of the driveway entrance for a health clinic.
Instead of a buffer zone, this ordinance focuses on activities that might hinder a patient’s access to a reproductive health care facility. It prohibits anyone physically and intentionally hindering a person's entrance or exit from a reproductive health care facility and from injuring or threaten to injure any person obtaining services or providing services at a health care facility. The amended ordinance will be used in conjunction with other ordinances under Chapters 10 and 24 of the Madison General Ordinances (MGO) and traffic ordinances under Chapter 12, MGO, and Wis. Stat. ch. 346.
Additionally, this amendment narrows the scope of facilities covered based on the experiences of the City to only apply at reproductive health care facilities.
This ordinance revises the title of the offense in the bail schedule.
Further analysis is contained in the Report of the City Attorney. This ordinance is being sponsored by the City Attorney pursuant to Secs. 2.05(6)(b) and (c), MGO, which provide for sponsorship of legislation by the City Attorney on “Recommendations and advice of the City Attorney related to litigation in which the City is or is going to become involved” and on “Changes to ordinances and resolutions which may be mandated by state or federal law.”
*****************************************...
Click here for full text