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Federal judge permanently blocks 'buffer zone' in Florida city
A federal judge in Tampa permanently blocked a "buffer zone" ordinance in Clearwater, Florida, last week, which had impacted the ability of pro-lifers to minister outside the city's abortion facility.
A federal judge permanently blocked a "buffer zone" in Clearwater, Florida, meant to stifle pro-life speech outside the city's abortion facility.
The permanent injunction was issued following a federal appeals court ruling in December, which stated that the law violated the First Amendment rights of pro-life activists.
The ruling sets a precedent that buffer zone laws cannot be used to silence speech.
In 2023, Clearwater's City Council created the "vehicular safety zone," which prohibited all pedestrians from passing within five feet of the driveway of the city's only abortion facility — the Bread and Roses Women's Health Center.
The pro-life group Florida Preborn Rescue, along with four individuals, challenged the ordinance, represented by the Thomas More Society (TMS).
In October 2023, U.S. District Judge Mary Scriven ruled that the ordinance was in the city's interest, and she rejected a request from the plaintiffs for a preliminary injunction. TMS then appealed that ruling and in December 2025, a federal appeals court determined that the ordinance violated the First Amendment rights of pro-lifers who minister outside the abortion facility. The appeals court ruling returned the case to the lower court.
On March 12, in response to the appeals court's December ruling, Judge Scriven reversed her earlier decision and placed a permanent injunction on the ordinance.
Tyler Brooks, Senior Counsel at Thomas More Society, said in response:
“This is a tremendous victory for the First Amendment and for every person who believes in the God-given right to speak truth in the public square.
Clearwater tried to use the pretext of ‘safety’ to drive these pro-life advocates off the sidewalk and away from the women they serve. It didn’t work. A federal court has now permanently restored our clients’ rights in a resounding vindication of First Amendment rights for every pro-life voice in America.”
According to a TMS press release, the order also allows TMS to seek attorneys’ fees and costs from the City of Clearwater under federal civil rights law.
In his statement, Brooks noted that the ruling is good news for everyone fighting against unjust buffer zone laws.
“Municipalities across the country have tried to weaponize buffer zone ordinances to silence pro-life speech, and this ruling sends a clear message that it will not stand," he said.
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