Every Thursday and every other Tuesday morning for years Dorothy Boyett and Gilbert Nickels have passed out pro-life and religious tracts, counseled pregnant moms, and open air preached on the public sidewalk adjacent to the Lubbock, Texas abortion clinic on 67th Street. Clinic staff frequently call the police when Gilbert preaches claiming that the preaching “upsets the patients.”

Recently the city of Lubbock passed a new noise ordinance. Unlike the former ordinance, this one does not define what constitutes excessive noise but states:
“Noise means any sound which is unwanted or which causes, or tends to cause, an adverse psychological or physiological effect on human beings.”

The ordinance also states:
“Other prohibited sound levels. Any emanations of the human voice or noise from any other source, including but not limited to fireworks, motor vehicle horns or other noise-creating object, device or equipment whether amplified or not, which unreasonably disturbs or interferes with the peace, comfort and repose of neighboring persons of ordinary sensibilities…”
 
This past Thursday the clinic made two calls to the police complaining about the preaching on the sidewalk. The police showed up twice, once to warn Gilbert and once to warn Dorothy.  No charges were filed, but police said they would be back every time the clinic calls them. They further stated that if the clinic claims a disturbance to their business by an individual they could be arrested and charged with disorderly conduct.
It seems clear that the City of Lubbock is overriding the U.S. Constitution and has suspended First Amendment rights of free speech in the public arena.