Panel advances 40-foot buffer bill to limit outreach near health-care facility entrances

Senate Bill 13-24, sponsored in the hearing by Senator Sorville, would establish a 40-foot zone outside the entrance of a health-care facility where approaching or leafleting someone trying to enter would be restricted and would prohibit knowingly obstructing access to the building.

The bill’s sponsor told the subcommittee the measure is modeled on a Colorado statute and the U.S. Supreme Court decision in Hill v. Colorado and narrowed the zone to 40 feet so it would be familiar to Virginians used to election polling buffers: “This bill does not ban protests. That’s First Amendment protected activity as long as it’s on public property,” Senator Sorville said. “What this bill does is … say there’s a 40 foot zone outside the door where you’re not allowed to leaflet people or talk to people while they’re trying to get in the building.”

Supporters — including Jamie Lockhart of Planned Parenthood Advocates of Virginia, who called the bill a “necessary step” to keep health centers safe — described repeated harassment outside a specific women’s health clinic and urged a state-level rule after recent federal pardons of people convicted under the federal FACE Act. A witness who identified herself only by name said protesters had harassed patients and even children visiting an orthodontist in the same building.

Opponents, including Jeff Caruso of the Virginia Catholic Conference and Jennifer Hubert of the Virginia Society for Human Life, said the bill’s language is vague and risks criminalizing peaceful prayer or counseling. Caruso singled out the inclusion of the word “delay” as particularly broad: “With the inclusion of that word in particular, someone could be merely providing information and be charged with a crime,” he said. Counsel also noted the U.S. Supreme Court is considering cases that challenge the Colorado decision cited by the bill’s sponsor.

Committee members questioned how the proposal would differ from existing Virginia code on obstructing free passage (section 18.2-404) and whether the bill’s definition of “health care facility” should rely on the existing statutory definition in 15.2-2820. Senator Sorville said she would check whether the particular clinic she described falls under the existing definition and said she could gather stakeholders if needed.

After testimony and debate, the subcommittee moved to report the bill without amendment. The motion to report passed on a roll call, 4 to 3.

Votes at a glance: SB 13-24 — Reported 4–3.

The bill now moves toward full committee, where members said they expect continued discussion of definitions and any technical edits to clarify the scope of prohibited conduct.