House passes bill tightening penalties for forceful clinic obstruction amid questions about civil damages

The Delaware House on March 12 passed House Substitute 1 for House Bill 272, a measure sponsors said would codify protections against forceful obstruction and threats at clinics and places of worship and create a private civil remedy including statutory damages.

Representative Heffernan, the sponsor, told colleagues the substitute “codifies in Delaware law what already exists in federal law since 1994,” and said the measure is intended to protect individuals’ access to reproductive health services and religious exercise while preserving peaceful protest and prayer.

During an extended question-and-answer exchange, Representative Halofsky pressed the sponsor on how the bill would distinguish protected peaceful expression from criminal or civilly actionable conduct. Halofsky pointed to language that criminalizes “force or physical obstruction” and asked how a sidewalk counselor who “momentarily steps toward a person, without any physical contact,” would avoid being charged under the statute. He also raised the civil-exposure language, noting that “Lines 29 to 33 permit both punitive damages and statutory damages of $5,000 per violation and private civil actions,” and asked what protections the bill offers “to a first time nonviolent offender, from financial ruin.”

Heffernan answered that the statute is aimed at conduct that employs force, threats, or physical obstruction and that courts would evaluate whether particular behavior fits that standard, saying the bill is not designed to impinge on First Amendment rights to peacefully protest or pray. He framed the measure as addressing “harmful, violent behavior,” not ordinary, nonforced expression.

Representative Smith also questioned the bill’s use of terms such as “injury” and “seek to persuade,” pressing for how those phrases would be interpreted during enforcement and civil litigation. Heffernan acknowledged the concerns and said the substitute was intended to be viewpoint neutral and to leave determinations of civil remedies to the courts.

On a roll call the House recorded 23 yes, 12 no, 1 not voting and 5 absent; Chief Clerk announced the substitute had passed the House. The measure now moves to its next procedural step in the legislative process.

What it does: The substitute amends Title 11 of the Delaware Code to prohibit using force, threats of force, or physical obstruction to injure, intimidate, or interfere with persons seeking or providing reproductive health services or visiting houses of worship; it also authorizes private civil actions and specifies statutory damages and possible punitive awards.

Next steps: Having passed the House, the bill will proceed according to legislative scheduling for consideration by the body or enrollment as applicable.