Clift v. City of Burlington

Memorandum Opinion and Order

WILLIAM K. SESSIONS III, District Judge.

Six Vermont residents, Agnes Clift, Amy Cochran, Molly Jesse, Rita Mantone, Bridget Mount, and Jean Osborne (the “Plaintiffs”) have brought facial and as-applied challenges to the constitutionality of Burlington Code § 21-113(2) (the “Ordinance”) under 42 U.S.C. § 1983. The Ordinance creates a fixed buffer zone extending 35 feet from the premises of a reproductive health care facility (“RHCF”) within which individuals may not “knowingly congregate, patrol, picket or demonstrate” unless they fall within one of five exemptions.…