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McCULLEN v. COAKLEY

Civil Action No. 08-10066-JLT.

573 F.Supp.2d 382 (2008)

Eleanor McCULLEN, Jean Blackburn Zarrella, Gregory A. Smith, Carmel Farrell, and Eric Cadin, Plaintiffs, v. Martha COAKLEY, in her capacity as Attorney General for the Commonwealth of Massachusetts, Defendant.

United States District Court, D. Massachusetts.

August 22, 2008.

Attorney(s) appearing for the Case

Benjamin W. Bull, Alliance Defense Fund, Scottsdale, AZ, Kevin H. Theriot, Alliance Defense Fund, Leawood, KS, Michael J. DePrimo, Hamden, CT, Philip D. Moran, Salem, MA, Timothy D. Chandler, Alliance Defense Fund, Folsom, CA, for Plaintiffs.

Kenneth W. Salinger, Massachusetts Attorney General's Office, Anna-Marie L. Tabor, Office of the Attorney General, Boston, MA, for Defendant.

MEMORANDUM

TAURO, District Judge.

Introduction

Plaintiffs challenge the facial constitutionality of a recently revised Massachusetts statute, Mass. Gen. Laws ch. 266, § 120E 1/2 ("Act"), which establishes a 35foot fixed buffer zone around driveways and entrances of reproductive health care facilities ("RHCFs").1 Following a Bench Trial held on May 28, 2008, this court finds that the Act survives First Amendment...

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