CLEARWATER, FL – Thomas More Society has secured a key victory for free speech and pro-life advocacy after the U.S. Court of Appeals for the Eleventh Circuit ruled that the City of Clearwater's "vehicular safety zone" ordinance violates the First Amendment. Vacating the district court's order denying entry of a preliminary injunction, the Atlanta-based Court of Appeals ruled the lower court “abused its discretion” and then remanded with instructions to grant relief protecting Florida Preborn Rescue, Inc., and four sidewalk counselors from the city's anti-speech restrictions.

The decision in Florida Preborn Rescue, Inc. v. City of Clearwater reinforces First Amendment protections against "bubble zones" that hinder the work of pro-life sidewalk counselors. The appellate court’s opinion ensures these counselors can continue peacefully offering support, resources, and abortion alternatives to women.

In an opinion by U.S. Circuit Judge Kevin Newsom, the Eleventh Circuit applied the U.S. Supreme Court’s 2014 decision in McCullen v. Coakley to hold that the city’s ordinance burdens more speech than necessary for vehicular safety, as well as ignores less restrictive options like Florida's existing anti-obstruction laws, which could address issues without barring peaceful advocacy. The court also rejected claims that the zone's smaller size (versus McCullen's 35 feet) excused it.

Additionally, the panel found irreparable harm from the loss of First Amendment rights.

"This ruling is a resounding win for free speech and the voiceless preborn," said Tyler Brooks, Senior Counsel with Thomas More Society. "Our clients simply seek to exercise their constitutional right to share resources and abortion alternatives peacefully with abortion-vulnerable women. The court rightly affirmed that a city cannot use dubious, manufactured pretexts to silence speech it doesn’t like.”  

The victory upholds pro-life speech in the Eleventh Circuit and signals to municipalities that buffer zones favoring abortion facilities are unconstitutional.

"These anti-speech zones rob women of critical information about options other than abortion,” Brooks added. "Thomas More Society will continue fighting to dismantle them nationwide. We won’t let the abortion industry have the last word."

The case returns to the district court for entry of an injunction.  

Background

Clearwater's Ordinance No. 9665-23, enacted in March 2023, banned pedestrians from a 38-foot public sidewalk stretch—including the driveway of Bread and Roses Woman's Health Center—during business hours. Nonprofit Florida Preborn Rescue and sidewalk counselors Allen Tuthill, Antoniette Migliore, Scott Mahurin, and Judith Goldsberry challenged the new law in federal court, arguing it restricted their ability to distribute informative literature and converse with patients arriving by car. The district court initially denied the request for a preliminary injunction against enforcement of the new ordinance, but Thomas More Society later appealed the case to the Eleventh Circuit.  

For interviews, please contact Katie, Communications Director, at kclancy@thomasmoresociety.org.