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		Points of View Bill Fink February 23, 2002 Guest Column and Photos © 2002 Bill Fink Published with Permission

Children in abortion demonstrations: It's time for regulation

HOUGHTON. A remarkable event took place in Houghton at mid-day on Saturday, Feb. 16, 2002: Activists protesting  against abortion used young children on their picket line.

Anti-choice picketers, pack up after demonstrating on the approach road to Houghton's Super 8 Motel during a visit by Democratic gubernatorial hopeful David Bonior.  The small child seen here had earlier been standing  with the adults in the group at the outside of a sharp turn, exposed to traffic. (Photo copyright 2002, Bill Fink Communications)

The presence of young children on the picket line, standing among graphic anti-abortion signs, tells me it is high time our local municipalities adopt ordinances regulating First Amendment demonstration rights.

The issue this time is not, however, one of obscene signs displayed for all to see, especially other people’s children.

The issue now is safety. The need is for regulation by ordinance to protect the members of our community -- protesters and public alike -- from accidental injury or death. And I believe our local governments are obligated to tackle the issue and develop a just compromise.

In effect, our local governments will have to decide whether to risk being sued for attempting to regulate free speech or for failing to prevent serious injury -- possibly even accidental death -- resulting from the exercise of that free speech. It is that simple; that stark. Myself, I’d choose to fight the battle over reasonable regulation of free speech.

That matters of taste and free speech often conflict is well known by every adult American. That we rigorously guard against the curtailment of free speech and lawful assembly, even by those seen as being on the fringe of our society, is one of the guiding principles of our American way.

However, there are lines beyond which free speech safely cannot go, and it is my own opinion that these anti-choice demonstrators have crossed that line. Indeed, it is tragically ironic that a mother would be so zealous in the abstract protection of the "pre-born," that she does not see the very real and immediate danger facing her own young children standing with her on the picket line.

At a little after noon on Saturday, February 16, my wife and I approached the Houghton Super 8 Motel to attend an open house featuring a visit by Democratic gubernatorial candidate David Bonior. As we drove down to the motel parking lot, we saw the now familiar graphic anti-abortion signs being displayed by a group of three adults, one apparent teenager and at least two very young children standing independently.

Consider, please, the situation my wife and I encountered as we drove down to the Super 8 Motel. We were driving down a hill, on a roadway that was snow-covered. There was a sharp right turn, continuing down hill. The protester group was strung out on the outside of the turn, holding their signs.

The young children were standing independently of the adults, in the travel area of the road. There was no sidewalk; and the plowed snow bank was steep enough and high enough that anyone, especially a small child, would have had difficulty scrambling up the bank to escape the path of a car.

The signs being displayed are graphic and disgusting. Because they are especially provocative, they have an extra chance of triggering a dangerous reaction from a driver distracted by the signs, on a snow covered road, going down a hill and having to make a sharp right turn.

The young children present were not restrained. Bored and not appreciating the danger of their location, they could have been just as easily distracted by some random object or thought; and they could have darted into the center of the travel area and into the path of a distracted driver.

At other times, I’ve observed various anti-choice demonstrators standing with their signs located such that my view as a driver has been impaired.

What to do?

First, since I know members of the anti-choice side are checking this column on a regular basis, I ask you to share with all participants the need to assure your own safety (and that of the children you choose to put on the picket line) along with the safety of the general public. Stand where your signs are visible, but stand where your signs do not block motorists’ sight lines or where the reaction of an angry or startled motorist is not likely to cause an accident, involving you or innocent bystanders. Recognize that by creating hazardous situations in your demonstrations, you run the risk of being held civilly liable for damages or deaths determined to be caused by your actions. In addition to the loss of money, settlements in such cases could require the forfeiture of homes and automobiles. Think Safety First!

To our various municipalities, I ask that you use your resources to develop and adopt ordinances that provide for the reasonable exercise of free speech, but also assure a reasonable standard of protection for the safety of the community. Acting to protect the public safety and welfare, you have the right, indeed the obligation, to say where, when and with what displays demonstrations are safely permitted. You have access to a variety of municipal organizations who have researched and refined the appropriate standards of law. You have access to legal counsel to advise you on the fine points of your action. As local governments, you have a positive obligation to act to protect the interests of our community.

There is no easy, simple course of action. However much we would like to deny it, the time for action is now here. Let us proceed deliberately but swiftly, providing for the public safety and welfare, while still protecting the right we all value so much – free speech.

Learn more about the author of this guest column, Bill Fink.

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