San Diego’s attack on free speech silences pro-life advocate Roger Lopez, who has successfully counseled countless women away from abortion during his 15 years of sidewalk ministry.
Key Takeaways
- Pro-life activist Roger Lopez is appealing San Diego’s “bubble zone” ordinance to the Ninth Circuit Court of Appeals, arguing it violates his First and Fourteenth Amendment rights.
- The controversial law creates a 100-foot buffer zone around abortion facilities and prohibits approaching within eight feet of individuals without consent.
- Lopez’s initial lawsuit was dismissed by U.S. District Judge Linda Lopez, who cited Supreme Court precedent in Hill v. Colorado.
- The Thomas More Society, representing Lopez, argues the law discriminates against pro-lifers and effectively makes sidewalk counseling impossible.
- The outcome of this legal battle could set a significant precedent for pro-life advocacy and free speech rights nationwide.
San Diego’s Unconstitutional Attack on Pro-Life Speech
Roger Lopez, a dedicated pro-life advocate who has spent 15 years offering alternatives to abortion outside San Diego’s Planned Parenthood facilities, is fighting back against the city’s restrictive “bubble zone” ordinance. The law, signed by Mayor Todd Gloria in June 2024, establishes a sweeping 100-foot buffer zone around abortion facilities and prohibits approaching anyone within eight feet without explicit consent. Lopez and his legal team argue that these restrictions effectively criminalize normal conversation on public sidewalks while selectively targeting pro-life speech.
“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, Executive Vice President and Head of Litigation at the Thomas More Society.
Legal Battle Escalates to Ninth Circuit
After U.S. District Judge Linda Lopez dismissed his initial lawsuit in March 2025, Lopez immediately appealed to the Ninth Circuit Court of Appeals. The dismissal relied on Hill v. Colorado, a Supreme Court precedent that has been increasingly questioned in recent years. The Thomas More Society legal team points out that the ordinance’s restrictions are especially problematic because they target speech in traditional public forums – sidewalks that have historically been protected venues for civic discourse and political expression.
“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, Executive Vice President and Head of Litigation at the Thomas More Society.
The Real-World Impact of Buffer Zones
Lopez spends two to three hours daily outside San Diego’s downtown Planned Parenthood, which reportedly performs 24,000 abortions annually. His approach has always been peaceful and compassionate, offering emotional support and alternatives to women in crisis. Under the new ordinance, Lopez’s ability to reach these women has been severely diminished. The law not only restricts physical proximity but also limits noise levels and sign displays, further constraining his constitutionally protected expression.
“The city has made sidewalk counseling virtually impossible, which violates both the rights of pro-life advocates to speak and women’s rights to receive life-saving information,” said Peter Breen, Executive Vice President and Head of Litigation at the Thomas More Society.
A Pattern of Targeting Pro-Life Speech
The Thomas More Society argues that San Diego’s ordinance is part of a concerning pattern of government restrictions specifically aimed at silencing pro-life advocacy. The legal team notes that the city has failed to produce evidence of actual threats or incidents that would justify such sweeping restrictions. Instead, they contend that the ordinance was influenced by pro-abortion advocates and the city attorney’s office in a deliberate attempt to shield abortion facilities from peaceful opposition.
“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, Special Counsel at the Thomas More Society.
National Implications for Free Speech
The outcome of Lopez’s appeal could have far-reaching consequences for pro-life advocacy nationwide. Similar buffer zone laws are being challenged globally, including in the UK, Scotland, and Quebec. The Thomas More Society is involved in multiple cases throughout California, fighting what they see as unconstitutional restrictions on free speech. They point to recent Supreme Court decisions that have expressed skepticism about buffer zones, suggesting the high court may be ready to reconsider its earlier precedents.
“The right to freedom of speech is at its highest on the public sidewalk, so attempts like San Diego’s to silence pro-life speech outside abortion businesses are an especially egregious attack on our constitutional rights,” said Peter Breen, Executive Vice President and Head of Litigation at the Thomas More Society.
