San Diego’s extreme new “bubble zone” law has effectively silenced pro-life sidewalk counselors like Roger Lopez, who is now fighting back against this unconstitutional assault on free speech in a critical battle that could reshape pro-life advocacy nationwide.
Key Takeaways
- Pro-life sidewalk counselor Roger Lopez is appealing to the Ninth Circuit Court after his initial lawsuit against San Diego’s restrictive buffer zone law was dismissed
- The ordinance creates a 100-foot buffer zone around abortion facilities and an 8-foot “floating zone” that makes traditional sidewalk counseling nearly impossible
- The Thomas More Society argues the law violates First and Fourteenth Amendment rights by specifically targeting pro-life speech on public sidewalks
- The outcome of this case could set a significant precedent for pro-life advocacy across America at a time when leftist cities are increasingly restricting pro-life speech
San Diego’s Abortion “Bubble Zone” Threatens Constitutional Rights
In a direct attack on pro-life free speech, San Diego Mayor Todd Gloria signed a sweeping “bubble zone” ordinance in June 2024 that effectively silences sidewalk counselors outside abortion facilities. The restrictive law establishes a 100-foot buffer zone around abortion facilities and prohibits approaching within eight feet of any person without consent. It also restricts noise levels and sign displays, making meaningful pro-life outreach virtually impossible. Roger Lopez, who has spent 15 years offering alternatives to abortion outside Planned Parenthood facilities, finds his ministry effectively criminalized by this targeted ordinance.
“San Diego has created a constitutional travesty where Planned Parenthood employees can freely harass and pressure vulnerable women right up to the clinic door, but peaceful sidewalk counselors offering help and hope face criminal prosecution for normal conversation,” said Peter Breen, Thomas More Society Executive Vice President.
Legal Battle Escalates to Ninth Circuit
After U.S. District Judge Linda Lopez dismissed his initial lawsuit in March 2025, citing the Supreme Court precedent in Hill v. Colorado, Lopez immediately appealed to the Ninth Circuit Court of Appeals. The Thomas More Society, representing Lopez, argues that the San Diego ordinance goes far beyond previous buffer zone laws and creates an unconstitutional restriction on free speech in public spaces. The legal team highlights that the city enacted these restrictions despite lacking evidence of threats or incidents that would justify such extreme measures, suggesting the true motivation is silencing pro-life voices.
“It is an ordinance that is breathtaking in its sweep. Essentially you can’t talk to anybody on sidewalks in a vast swath of the city of San Diego — all because they are trying to stop folks like Roger who offer assistance at the abortion clinics in the city,” said Peter Breen, Thomas More Society Executive Vice President.
The Human Cost of Silencing Pro-Life Counselors
Lopez spends two to three hours daily outside San Diego’s downtown Planned Parenthood facility, which reportedly performs 24,000 abortions annually. His ministry involves offering emotional support, practical resources, and information about alternatives to abortion. The new ordinance makes this compassionate work nearly impossible, effectively preventing women from hearing about life-affirming choices. The Thomas More Society argues that this not only violates Lopez’s constitutional rights but also deprives vulnerable women of critical information at a moment of crisis in their lives.
“Pro-life sidewalk counselors like Roger Lopez offer these women help, compassion, support, and information. But the City of San Diego wants to deprive women of this information—leading them to mistakenly believe that abortion is their only option,” said Paul Jonna, Thomas More Society Special Counsel.
A Nationwide Battle for Free Speech
The San Diego case represents just one front in a broader struggle to preserve pro-life free speech rights across America. The Thomas More Society is currently involved in several similar cases throughout California, challenging increasingly aggressive restrictions on sidewalk counseling and pro-life advocacy. Legal experts note that the Supreme Court has expressed growing skepticism about buffer zone laws in recent years, offering hope that Lopez’s appeal might succeed. The outcome of this case could establish a critical precedent for protecting the constitutional rights of pro-life Americans to share their message on public sidewalks.
“The right to freedom of speech is at its highest on the public sidewalk, so attempts like San Diego’s to silence pro-life speech outside abortion businesses is an especially egregious attack on our constitutional rights,” said Peter Breen, Thomas More Society Executive Vice President.
This case represents a fundamental clash between the leftist agenda to silence pro-life voices and the constitutional right to free expression in public spaces. For conservatives who value both free speech and the right to life, the outcome of Lopez’s appeal could have profound implications for pro-life ministry nationwide. As San Diego’s extreme ordinance demonstrates, radical pro-abortion forces will go to extraordinary lengths to shield women from hearing about alternatives to abortion, even if it means trampling on fundamental American rights in the process.
