Right to Life of Central California v. Bonta
Description: Right to Life of Central California is challenging a state law that unconstitutionally restricts speech based on viewpoint by creating 100-foot censorship zones outside of any facility that provides any type of vaccine. Gov. Gavin Newsom signed SB 742 into law, immediately banning certain free-speech activities when a speaker is within 30 feet of another person and that other person is “in a public way or on a sidewalk area” and “within 100 feet of the entrance or exit of a vaccination site and is seeking to enter or exit a vaccination site.” This law restricts Right to Life’s ability to peaceably offer charitable services to women in need on the public sidewalk and street outside its own building—and even its own parking lot—because Right to Life is located next to a Planned Parenthood abortion clinic that administers the HPV vaccine.
CA to pay $192K to settle pro-life group's free speech case
FRESNO, Calif. – To settle a lawsuit brought by Right to Life of Central California, California state officials have agreed to protect the group’s free speech rights and pay $192,706 in attorneys’ fees.
Alliance Defending Freedom attorneys representing the pro-life group filed a lawsuit in October 2021 after Gov. Gavin Newsom signed a law that unlawfully restricted Right to Life’s speech based on the group’s viewpoint and content by creating 100-foot censorship zones outside of any facility that provides any type of vaccine.
“Women facing unplanned pregnancies deserve to have full support and resources available to them when they choose life for their unborn children, yet the state of California unconstitutionally tried to silence the voices of those advocating on their behalf,” said ADF Senior Counsel Denise Harle. “This is a significant victory not only for our client, Right to Life, but for every other speaker in California. The First Amendment protects every Californian, regardless of their viewpoint. Now Right to Life’s staff and volunteers can continue their critical mission of serving vulnerable women in the central California region with their free, life-giving services.”
State law SB 742 banned certain free-speech activities when a speaker is within 30 feet of another person and that other person is “in a public way or on a sidewalk area” and “within 100 feet of the entrance or exit of a vaccination site and is seeking to enter or exit a vaccination site.” As the lawsuit explained, this law restricted Right to Life’s ability to peaceably offer charitable services to women in need on the public sidewalk and street outside its own building—and even its own parking lot—because Right to Life is located next to a Planned Parenthood abortion facility that administers the HPV vaccine.
As part of the settlement, California officials agreed to not enforce the discriminatory parts of the law against Right to Life or any speaker.
Right to Life’s primary means of outreach to women considering abortion is through its Outreach Center, which is located next to Planned Parenthood Mar Monte’s main Fresno abortion facility. Right to Life shares free resources, provides support services, and offers informational leaflets while standing on the public sidewalks in front of its Outreach Center and between the Outreach Center and Planned Parenthood’s property. The Outreach Center’s parking lot is adjacent to Planned Parenthood’s parking lot, and the two organizations share a sidewalk. Right to Life’s staff and volunteers speak kindly and peacefully with others at a normal conversational distance to share their charitable support services.
In light of the settlement of Right to Life of Central California v. Bonta, ADF attorneys have filed a stipulated dismissal of the case. Katie Short of Life Legal Defense Foundation served as local counsel in the case.
- Pronunciation guide: Harle (HAR’-lee)
Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.
# # #
Commentary
Previous News Releases
Legal Documents
Related Resources
ABOUT Denise Harle
Denise Harle serves as senior counsel on the Center for Life Team at Alliance Defending Freedom. Prior to joining ADF, Harle served as deputy solicitor general in the Office of the Florida Attorney General, where she drafted appellate briefs and presented oral arguments on behalf of the state in a wide variety of constitutional cases, including defending the constitutionality of pro-life laws. In 2017, she participated in the prestigious Supreme Court Fellow program, sponsored by the National Association of Attorneys General. She clerked for Justice Ricky L. Polston on the Florida Supreme Court and worked for several years as an appellate litigator at a large firm in California. Harle earned bachelor’s degrees, summa cum laude, in psychology and interdisciplinary social science from Florida State University, a master’s degree in political science from Stanford University, and a Juris Doctor from Duke University School of Law. At Duke, she served as the executive editor of Law & Contemporary Problems. A member of the state bars of California, Florida, and Georgia, she is admitted to multiple federal district and appellate courts, as well as the U.S. Supreme Court.