Price v. City of Chicago

Federal 7th Circuit Court
Civil Court
First Amendment
Case Number: 
No. 17-2196
Decision Date: 
February 13, 2019
Federal District: 
N.D. Ill., E. Div.

Dist Ct. did not err in dismissing plaintiff’s section 1983 action, alleging that defendant’s “bubble zone” ordinance that precluded plaintiffs from approaching within eight feet of person in 50-foot vicinity of abortion clinic, if plaintiffs’ purpose was to engage in counseling, education, leafleting, handbilling or abortion protesting, facially violated their First Amendment rights. Dismissal was proper, where Supreme Ct., in Hill, 530 S.Ct. 703, upheld nearly identical Colorado law based upon similar challenge. Ct. further observed that while Supreme Court, in McCullen, 134 S.Ct. 2518, and Reed, 135 S.Ct. 2218, subsequently rendered opinions that substantially undermined basis for Hill Ct.’s ruling, it was nevertheless bound by Hill Ct.’s ruling where Supreme Ct had not expressly overruled Hill.