San Diego’s draconian “bubble zone” law effectively criminalizes pro-life free speech on public sidewalks, but Roger Lopez refuses to surrender his constitutional rights as he takes his fight to the Ninth Circuit Court of Appeals.
Key Takeaways
- Roger Lopez, a veteran pro-life sidewalk counselor, is challenging San Diego’s restrictive buffer zone law that creates a 100-foot boundary around abortion clinics with an additional 8-foot “floating zone”
- The Thomas More Society argues the law violates First and Fourteenth Amendment rights by making pro-life counseling “virtually impossible” on public sidewalks
- Despite an initial dismissal by U.S. District Judge Linda Lopez, the case is now being appealed to the Ninth Circuit with potential nationwide implications for free speech
- The ordinance allows Planned Parenthood employees to approach women freely while criminalizing the same behavior from pro-life advocates offering alternatives
- Lopez has spent 15 years counseling outside clinics, claiming success in helping women choose life for their unborn children
San Diego’s Controversial Buffer Zone Law Targets Pro-Life Speech
In June 2024, San Diego Mayor Todd Gloria signed into law a controversial ordinance establishing strict “bubble zones” around abortion facilities. The law creates a 100-foot buffer zone around clinic entrances and an additional eight-foot floating zone around individuals near these facilities. Within these zones, approaching someone without consent, displaying signs in an intimidating manner, or exceeding noise limits becomes a criminal offense. Pro-life advocates argue this law specifically targets their constitutional right to peaceful counseling, while allowing clinic employees to freely approach and escort women into abortion facilities without similar restrictions.
“San Diego has created a constitutional travesty where Planned Parenthood employees can freely harass and pressure vulnerable women right up to the clinic door, but peaceful sidewalk counselors offering help and hope face criminal prosecution for normal conversation,” said Peter Breen, Thomas More Society Executive Vice President.
The law draws inspiration from the Hill v. Colorado Supreme Court case, which upheld similar restrictions in Colorado. However, the Thomas More Society argues that more recent Supreme Court decisions have cast doubt on the constitutionality of such buffer zones. Lopez’s legal team contends that the city has failed to provide evidence of threats or incidents that would justify such sweeping restrictions on free speech. Furthermore, they claim the ordinance’s broad language effectively criminalizes normal conversation throughout large portions of San Diego’s public sidewalks.
A Veteran Pro-Life Advocate Takes His Stand
Roger Lopez has dedicated 15 years to providing sidewalk counseling outside San Diego’s downtown Planned Parenthood facility, which reportedly performs approximately 24,000 abortions annually. His daily routine involves spending two to three hours offering information, emotional support, and alternatives to women considering abortion. Lopez maintains that his peaceful counseling has successfully persuaded numerous women to choose life for their unborn children. The restrictive ordinance has severely impaired his ability to continue this work by making meaningful engagement nearly impossible at the very moment women are making life-altering decisions.
“It is an ordinance that is breathtaking in its sweep. Essentially you can’t talk to anybody on sidewalks in a vast swath of the city of San Diego — all because they are trying to stop folks like Roger who offer assistance at the abortion clinics in the city,” said Peter Breen, Thomas More Society Executive Vice President.
In March 2025, U.S. District Judge Linda Lopez dismissed Lopez’s initial lawsuit challenging the ordinance. Undeterred, Lopez and his legal team have filed an appeal with the Ninth Circuit Court of Appeals. The Thomas More Society, which represents Lopez, argues that the ordinance represents an unconstitutional infringement on free speech in the most traditional of public forums – sidewalks. They also contend that the law demonstrates viewpoint discrimination by effectively silencing only those with pro-life perspectives while allowing clinic employees and escorts unrestricted access to the same women.
The Constitutional Stakes Are High
The battle over San Diego’s buffer zone law extends beyond a single advocate’s right to speak. At its core, the case challenges whether local governments can designate expansive zones where constitutionally protected speech becomes criminalized. The Thomas More Society points out that public sidewalks have historically received the highest level of First Amendment protection as traditional public forums where citizens can freely exchange ideas, particularly on matters of public importance like abortion. By restricting this speech, San Diego may have crossed a constitutional line that the courts will now examine.
“Pro-life sidewalk counselors like Roger Lopez offer these women help, compassion, support, and information. But the City of San Diego wants to deprive women of this information—leading them to mistakenly believe that abortion is their only option,” said Paul Jonna, Thomas More Society Special Counsel.
The outcome of Lopez’s appeal could set a significant precedent for similar laws across the country. The Thomas More Society is simultaneously involved in other legal challenges to restrictions on pro-life speech in California and beyond. With the Supreme Court having already expressed skepticism about buffer zones in recent years, Lopez’s case may eventually make its way to the highest court. For now, the fight continues in the Ninth Circuit, where Lopez stands firmly on his belief that the Constitution protects his right to offer life-affirming alternatives on public sidewalks without government interference.
