Faustin's lawsuit argues that buffer zone laws violate her First Amendment rights. She desires to have "close, personal conversations" with women who enter and leave abortion businesses, but Colorado law and city ordinances prevent her from doing this.
Roger Byron of the First Liberty Institute represents Faustin in her lawsuit. In a statement to the press, Byron said, “The government may not target life-affirming speech simply because it disagrees with the message. That is unlawful viewpoint discrimination. It should not be a crime to lovingly and compassionately approach another person to tell them about alternatives to abortion.”
Colorado's buffer zone law prevents individuals from approaching within eight feet of patients near a healthcare facility without consent “for the purpose of passing a leaflet or handbill, to displaying a sign to, or engaging in oral protest, education, or counseling with such other person in the public way or sidewalk area.”
“Distributing leaflets discussing abortion, its risks and implications, and its alternatives is core expression protected by the Free Speech Clause of the First Amendment,” the complaint states. “Orally discussing abortion, its risks and implications, and its alternatives with persons entering an abortion clinic is core expression protected by the Free Speech Clause of the First Amendment.”
The 1993 law was upheld by the US Supreme Court 23 years ago, but Faustin hopes the overturn of Roe v. Wade will also help her overturn Colorado's buffer zone law.
