Roger Lopez, a longtime pro-life activist in San Diego, is appealing a federal court’s dismissal of his lawsuit challenging the city’s expanded “no speech zone” ordinance outside abortion clinics. With legal backing from the Thomas More Society, Lopez argues that the new law violates his First and Fourteenth Amendment rights.
San Diego’s ordinance imposes a 100-foot buffer zone and an 8-foot floating bubble around individuals near healthcare facilities. The law also includes broad noise restrictions and prohibits perceived harassment within the buffer zone. The measure was approved by the city council on May 21, 2024, without amendments. City Attorney Mara Elliott, who previously condemned the Dobbs decision, backed the ordinance as a “balance” between public safety and free speech.
The Thomas More Society contends that the law disproportionately targets pro-life speech. Peter Breen, the group’s executive vice president, criticized the ordinance as “breathtaking in its sweep,” noting it effectively bans communication on public sidewalks across large portions of the city. Breen emphasized that Lopez has peacefully counseled women outside Planned Parenthood for over 15 years without incident.
According to Breen, Lopez’s efforts have contributed to over 100 women choosing life. Since the ordinance passed, his ability to communicate has been sharply curtailed, limiting his outreach. Breen insists that no evidence of violence or obstruction by Lopez or other counselors exists, undermining the city’s justification for restricting speech.
The ordinance was inspired by the 2000 Supreme Court case Hill v. Colorado, which upheld similar restrictions. However, the pro-life legal team believes the precedent is outdated and out of step with current interpretations of First Amendment protections. The Dobbs ruling has renewed legal scrutiny of abortion-related speech restrictions, fueling fresh challenges like this one.
The Thomas More Society claims San Diego collaborated with Planned Parenthood and other abortion advocates to suppress dissent. The group is currently litigating multiple cases across California against laws and actions they describe as attempts to silence pro-life advocacy.
