New law in Westchester to help ensure abortion access

Westchester County took quick action on the night of June 27 to put into effect a new law that is designed to help ensure safe access to reproductive health care facilities. The measure, which had been under consideration by the Board of Legislators even before the U.S. Supreme Court’s decision overturning Roe v. Wade, passed by a 15-2 vote.

After having voted to approve the measure, members of the legislature gathered at the ninth floor office of Westchester County Executive George Latimer at the County Office Building in White Plains for Latimer to sign the bill into law.

Westchester County Executive George Latimer, surrounded by members of the Board of Legislators, signs abortion access bill the night of June 27.
Westchester County Executive George Latimer, surrounded by members of the Board of Legislators, signs abortion access bill into law the night of June 27.

In a memo discussing the need for the legislation, a legislative committee wrote, “On March I7, 2022, three men were found guilty of unlawfully trespassing at All Women’s Health & Medical Services, a reproductive health care facility in White Plains, in order to prevent patients from obtaining reproductive health care services on November 27, 2021. These defendants are affiliated with Red Rose Rescue, an anti-abortion activist group that has carried out similar unlawful actions all across the country. Indeed, the perpetrators convicted in White Plains have also apparently been involved in prior similar conduct –each has now been convicted multiple times of such conduct, and has faced (or is currently facing) criminal charges.”

The new law, which took effect immediately, will protect health care workers and patients seeking medical treatment from being obstructed from entering or exiting a reproductive health care facility and from harassing behavior from persons within specific distances of the premises. It enacts a 25-foot no-harassment zone around a facility’s perimeter and establishes the designation of an 8-foot personal space bubble surrounding the person within 100 feet of the facility.

The new law authorizes the county as well as people who feel that their rights have been violated to bring civil action against the alleged perpetrators in addition to whatever criminal charges may be filed.

It is expected that the Supreme Court’s decision likely result in an increase of out-of-state residents coming to New York, including Westchester, seeking reproductive health care. That increased activity is expected to result in an increase in protests at clinics by pro-life advocates..

Catherine Borgia, chairwoman of the Board of Legislators, said, “Women will be looking to New York for sanctuary to reclaim their bodily autonomy, and we want to say Westchester is ready. Any person who travels to our county seeking reproductive care can access it safely without intimidation or provocation.”

Legislator MaryJane Shimsky, main sponsor of the bill, called it “a strong, well-balanced piece of legislation that safeguards the rights of patients to receive their care without infringing on protected free speech.”

When signing the bill, Latimer said the bill tells people they cannot “use the tools of democracy to destroy democracy. You cannot use your free speech and assembly to intimidate other people, to physically threaten them, to not just threaten them but to actually do bodily harm to them.”

Latimer expressed a concern that the nation will see more instances of violence taking place as controversy over the reproductive rights issue continues to divide the country.

“We’re taking a stand today, collectively, that says that there are certain processes by which items are made legal and, perhaps, illegal,” Latimer said. “In this particular case when those items have been decided and adjudicated properly or that have bend decided by an executive or legislative body that they have the power of law that we must respect. We can speak against it; we can assemble against it; but we cannot physically interdict against the law. Once we do that we stop being a democracy. Once we do that we stop being the special America that we always talk about.”