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Protests inspire city ordinance

Published: Tuesday, February 9, 2010

Updated: Tuesday, February 9, 2010

Planned Parenthood prostestors are influencing Cincinnati legislation.

Ordinance No. 363-2009, which went into effect Jan. 16, indicates signs and other similar
structures must be attended and must not obstruct the flow of traffic or right of way.

A-frame signs placed on sidewalks by adjacent businesses are allowed, but other unattended structures that impede traffic could be considered a violation.

Inspired by Auburn Avenue Planned Parenthood protestor, sidewalk inspectors enforce regulations dealing with right of way and will be issuing citations for violations.

The ordinance applies to the entire city, not just Mount Auburn. PPSWO has been in touch with law enforcement, but latter have yet to be trainedto execute the ordinance, said Planned Parenthood Southwest Ohio public relations representative Laurie Housemeyer.

Preliminary documents regarding repealing and amending portions of the city’s municipal code were introduced by Mount Auburn Community Council President Stanley Broadnax and specifically referenced case law involving abortion protestors.

“In conjunction with a size restriction, such regulations would serve to minimize visual distractions to drivers on Auburn Avenue, an already congested roadway,” stated
the document.

The lead agency in enforcing the new ordinance is the Department of Transportation
and Engineering. “We will be putting together an implementation plan,” said Michael Moore, interim director of the Department of Transportation and Engineering.

“Most of these complaints are not an emergency-type situation,” Cincinnati Police Capt. Steven Luebbe said. Most complaints would be referred to the Department of Transportation and Engineering.

But if an unattended structure is an immediate hazard, blocks the right of way or, for example, blocks a driveway, police would take action.

Because the legislation is content neutral, the city can limit this interpretation of the
First Amendment.
 

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