STATE GOVERNMENT
Law enacted to
protect clinic workers, clients
By TOM PRECIOUS
News Albany
Bureau
ALBANY -- Using a pen
that will be sent to the widow of an Amherst abortion doctor slain last year,
Gov. Pataki on Monday signed into law a measure boosting protection for
health-care workers and their clients at clinics where abortions are performed.
Nearly a decade, in the
making, the state clinic-access law, passed in the wake of the sniper slaying
of Dr. Barnett A. Slepian, will make it illegal for protesters to block women
trying to enter an abortion clinic, or to harass or intimidate health-care
workers at the facilities.
Mirroring a federal
law, it will make it a responsibility of state and local police to enforce the
new protections and will simplify the legal steps needed to form buffer zones
around clinics during protests.
"This legislation is
too late for me and my children, but I hope that it will help other families by
preventing senseless tragedies," Lynne Slepian, the doctor's widow, said in a
statement.
Her husband's name was
used as a rallying cry by abortion-rights advocates at the Capitol to get 'the
legislation -blocked by Senate Republicans since 1992 -- agreed to on the last
day of the session last summer.
Although both sides in
the debate focused on the measure's abortion provisions, Pataki, at a
bill-signing ceremony, sought to keep the focus on the legislation's other
portions. The governor appeared to try to tiptoe around the controversial
abortion language, instead spending most of his time promoting the measure's
new anti-stalking provisions.
The Republican-led
Senate insisted that the stalking provisions be attached to a broader
criminal-justice measure. They also demanded that the protections afforded
abortion clinics under the new law also apply to places of religious worship.
That was seen as a political bone for religious groups that had vehemently,
opposed the clinic-access provisions
Federal law already
includes protections for abortion clinics and their workers and clients. But
critics maintained that state and local police were unable to enforce the law
and that there were insufficient federal marshals in all locations to police
the demonstrators. Anti-abortion groups insisted that there are already enough
laws to protect health-care clinics and that free-speech protections could be
eroded under the new law.
"I think the
clinic-access provisions will not do anything. Its smoke and mirrors and a
typical political reaction to a tragedy," said the Rev. Duane Motley, executive
director of New Yorkers for Constitutional Freedom, a Rochester based religious
group that heavily lobbied against the measure.
Supporters say the new
law, the 14th in the nation to mirror the 1994 clinic-access law, will send a
message that targeting of abortion providers will not be tolerated.
"With this legislation,
the government is making a strong statement that women have a right to access
health care without harassment and intimidation," said JoAnn Smith, executive
director of Family Planning Advocates, a statewide group that represents
Planned Parenthood clinics and other health facilities.
The measure had
languished in the Assembly for nearly the entire decade. But after James C.
Kopp, an abortion foe indicted for second degree murder in Slepian's death,
allegedly shot the Amherst doctor in his home in October 1998, abortion-rights
groups mobilized: and pushed through a bill that had been otherwise considered:
dead at the Capitol. Kopp is still a fugitive.
The legislation will
apply to about 250 health clinics across New York. It provides a misdemeanor
charge for less serious violations against any person who, by force or threat
of force or by physical, obstruction, intentionally injures, intimidates or
interferes with someone trying to enter an abortion clinic. More serious cases
bring a felony charge that carries up to four years in prison. The
anti-stalking measures will make it easier for victims to report instances of
harassment to the police. "Prosecutors have long complained that existing state
law makes it hard for individuals, particularly women, to stop someone from
staking them,'' the Pataki administration said. FBI statistics Show that;
nearly one-third of women murdered "were first stalked by their assailant.''
With the new law,
"we're not going to wait until the act of violence occurs," Pataki said. If a
stalker menaces his victim with a weapon, the new stalking crime can be
prosecuted as a felony. A person is guilty of first-degree felony stalking if
he or she according to the governor's office, "intentionally, harasses or
annoys another person and causes physical injury..."