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SABELKO v. CITY OF PHOENIX

No. 94-15495.

68 F.3d 1169 (1995)

Katherine SABELKO and Nancy Barto, Plaintiffs-Appellees, v. The CITY OF PHOENIX, Skip Rimsza, in his official capacity as Mayor of the City of Phoenix, and Thelda Williams, Frances Emma Barwood, Craig Tribken, John Nelson, Kathy Dubs, Salomon F. Leua, and Calvin C. Goode, in their official capacity as members of the City of Phoenix City Council, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided October 19, 1995.

Attorney(s) appearing for the Case

Marvin A. Sondag, Assistant City Attorney, Roderick G. McDougall, City Attorney, and Paul W. Badalucco, Assistant City Attorney, Phoenix, Arizona, for defendants-appellants.

Benjamin W. Bull, American Center for Law and Justice, Phoenix, Arizona, for plaintiffs-appellees.

James Weinstein, Tempe, Arizona, for amicus Arizona Civil Liberties Union.

Roger K. Evans, Amicus Curiae Planned Parenthood Federation of America, New York City, and Lawrence J. Rosenfeld, Helen R. Holden, and James W. Armstrong, Sacks Tierney, Phoenix, Arizona, for amicus curiae Planned Parenthood of Central and Northern Arizona, Inc.

Joan R. Gallo and George Rios, Assistant City Attorneys, San Jose, California, amici curiae in support of defendants-appellants.

Before: SCHROEDER, BEEZER, and THOMPSON, Circuit Judges.

SCHROEDER, Circuit Judge:

In response to rising protest around abortion clinics in Phoenix, Arizona, the City Council in November of 1993 passed an ordinance regulating the conduct of demonstrators in public areas within 100 feet of health care facilities. Known as the Phoenix "bubble" ordinance, the law makes illegal a demonstrator's failure to honor a person's "clearly communicated request" to withdraw to a distance of eight feet from the person if the demonstrator...

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