FACE - Denying People Entry To Clinics Is A Crime

FACE, or the Freedom of Access to Clinics Act, was signed into law in 1994 to criminalize the use of force, threats of force, and physical obstructions to prevent any individual from entering reproductive health clinics, regardless of the nature of business and the intention. The need for such an act was recognized in the late 80s to the early 90s, when blockades and public protests against reproductive health clinics, particularly those that welcome abortion and the like, turned too passionate that they became destructive and hurtful. 

Do Such Incidents Even Happen?

Yes, and in a surprising number. Under the Department of Justice records, for instance, as of 2005, 71 individuals had been charged with 46 criminal counts of FACE violations, which resulted in either penalties and fines and imprisonment. One of the more talked about cases related to this issue is the murder of health care provider Dr. Gunn in 1993, because he administered abortions in a Pensacola clinic.  

What Constitute A FACE Violation?

FACE seeks to protect the safety of anybody who works at a reproductive health facility. It also extends protection to patients of such facilities and people accompanying them to the location.  

FACE criminalizes any of the following:

-         trespassing, or clinic invasions

-    any type of activity that blocks exits and entrances of a reproductive health facility and makes them      inaccessible for passage

-         vandalizing the facility

-         physical violence of any degree to patients, their escorts, and clinic employees

-         threats of violence

-         stalking, threatening or causing harm to any facility employee outside of the clinic grounds

-         bomb threats on the facility

-         arson or threats of arson and other forms of violence or defacement on the facility

 
The law, however, does not prohibit people and groups to express what they feel about a certain reproductive issue or medical procedure. Under the First Amendment right to free speech, protesters may sing songs, pray, carry placards, distribute anti-abortion flyers, picket, and chant outside the healthcare facility, provided that they do not breach any of the conditions that criminalize their actions and their noise is below the level tolerated by the state.

Members of the healthcare facility, the government, or any affected individual may press charges against FACE violators and seek damages.

Penalties For FACE Violators

Punishments vary according to the degree of the breach and the status of the defendant (whether he or she has committed the crime previously or not). The maximum sentence for a first-time offender is one year in prison, plus a fine of US$100,000. Subsequent breaches may have the violator imprisoned for a maximum of 3 years, with a US$250,000 fine.

For a non-violent blockade violation, the person who set it up faces a maximum jail time of 6 months, plus a US$10,000 fine. Subsequent breaches are penalized with no more than 18 months of jail time, plus a fine of $25,000. If the violator has been charged with physical injury, he or she can face 10 years in jail. If it results in death, life imprisonment. A violation need not be repetitive to be criminalized. A single unlawful act, as decided by the U.S. Attorney, may already warrant punishment.

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