Question
1. a. What are the strengths of LiveWell Medical Center's legal case for an injunction prohibiting picketing/demonstrations by Frank Hill and his group at and
1. a. What are the strengths of LiveWell Medical Center's legal case for an injunction
prohibiting picketing/demonstrations by Frank Hill and his group at and around the
LiveWell Medical Center property?
b. What are the weaknesses of LiveWell Medical Center's case?
2. a. What are the strengths of Frank Hill and his group's legal case for a denial of an
injunction prohibiting their picketing/demonstrations at and around LiveWell Medical
Center, and particularly, the strength of their challenges based on their constitutional
right?
b. What are the weaknesses of Frank Hill and his group's case, and particularly, the
weaknesses of their challenges based on their constitutional rights?
3. Which side has the stronger case and is more likely to prevail?
NARRATIVE FACTS:
LiveWell Medical Center has 20 tenants providing health care services. Among the
tenants is Family Planning Partners, which performs abortions, sterilizations, birth control,
pregnancy testing, and sonograms. LiveWell Medical Center has two parking lots with 60
parking places, utilized by LiveWell Medical Center tenants, patients, and other users of its
facilities. The parking lot is not open to the public; special parking passes are required. There are
no public sidewalks or parks adjacent to LiveWell Medical Center or its parking lots.
LiveWell Medical Center is located in Bay City, California, which has enacted an
ordinance protecting abortion clinics with "buffer zones." Specifically, the Bay City ordinance
establishes 40-foot "protest-free zones" around every abortion clinic located within the city
limits. Anti-abortion (or "pro-life") activities are forbidden within these "buffer zones."
Frank Hill, a local anti-abortion/pro-life group leader, has led other group members in
recent anti-abortion/pro-life picketing across Bay City. Twice last week, Hill and his group
members demonstrated - noisily but otherwise peacefully - in one of LiveWell Medical Center's
parking lots, including in a part that falls within a "buffer zone" established by the Bay City
ordinance.
LiveWell Medical Center has sued Frank Hill and his group, seeking an injunction
prohibiting their picketing/demonstrations, both in the LiveWell Medical Center parking lot and
in any adjacent "buffer zone". In opposing LiveWell Medical Center's legal action against them,
Frank Hill and his group assert their freedom of speech and peaceful protest rights under the First
Amendment of the United States Constitution and their freedom of expression rights under the
Constitution of the State of California. They are also challenging the constitutionality of Bay
City's ordinance and its "buffer zones."
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