LOUISVILLE, Ky. — For years, protesters have staged right outside the doors of the EMW Women's Surgical Clinic on Market Street in downtown Louisville.
Advocates have called for protections to preserve the access to healthcare services at the clinic, which includes abortions. Now, Metro Council will debate permanent "buffer zones" for medical facilities.
"This is absolutely about all healthcare facilities and providing safe entrances and exits and for healthcare reasons," Councilwoman Barbara Sexton-Smith, (D-4) said.
The newly filed ordinance would ban anyone from gathering on the sidewalk directly outside of the EMW clinic, and other medical facilities. Sexton-Smith and Councilman Bill Hollander, (D-9), both said the ordinance isn't intended to prevent protests.
"This is really a way to provide access safely while balancing the right to demonstrate. We can do both in the community but people should not be impeded in trying to gain access to a healthcare facility," Hollander said.
"I welcome the protesting wherever it is, by anyone. I'm just asking, let's do it sensibly and safely. And voices will be able to be heard whether it's 8 feet, 12 feet, or 15 feet away," Sexton Smith added.
The ordinance does not focus on the abortion clinic, but rather, all medical facilities. Sexton-Smith points to UofL Hospital, in her district, where she said she sees groups gather.
"Many of the victims of violent crime are taken to that emergency room and there are a lot of highly emotional encounters at that facility," she said. "This is not a one issue debate. This is about safety going inside and outside of healthcare facilities."
The ordinance gives all medical facilities the option to request a buffer zone. It would not be mandatory. If a healthcare facility decide to implement one, Metro Public Works would provide the signage and striping to mark a 12-foot buffer zone outside entrances extended to the closest street curb.
Anyone would be prohibited from entering, staying in, or creating obstructions in the buffer zone during the facility's business hours.
There would be exceptions, which include those who are licensees or invitees of the healthcare facility, law enforcement, emergency services and other city employees or facility employees on work business.
Another exception would be for people "using the public sidewalk or street right-of-way adjacent to such facility solely for the purpose of reaching a destination other than such facility," according to the legislation.
"We've really needed this for a long time in the community," Hollander said. "Access to healthcare safely is extremely important."
There are nine co-sponsors of the ordinance, which states the need for it was heightened by COVID-19.
"We know that people who are accessing healthcare, are in many cases, more susceptible to COVID-19," Hollander said. "You need some physical distance between people. We've got locations where people do not physically distance, do not give people 6 feet of space, this will help that."
"For me, COVID-19 changed everything and everything we do is now different and we're looking at it through a different lens," Sexton-Smith said. "Now is the time. It's the right time for the right reasons."
The ordinance legislation states the first violation of it would result in a written warning. If there is a second, or continued, violation of the ordinance, a possible citation could be issued with a fine between $100 to $500.
The ordinance could come up for discussion, with its first hearing at Metro Council's Community Affairs, Health and Education Committee Wednesday at 1:30 p.m.
WHAS11 also reached out to Kentucky Right to Life, which was not immediately available for comment Sunday evening.
►Contact reporter Tyler Emery at temery@WHAS11.com. Follow her on Twitter (@TylerWHAS11) and Facebook.