25-100 Access to Reproductive Health Care Facilities
Department Notice
This document is not an official representation of the published policy. To access the official signed policy, please submit a request through our Public Records Request Portal.
Enforcement of San Francisco Police Code, Article 43 and California Penal Code Section 423.2
The purpose of this notice is to provide guidance for members when enforcing San Francisco Police Code Article 43, section 4304, and California Penal Code Section 423.2. Police Code Article 43 expressly prohibits following or harassing any person within 100 feet of the entrance of a reproductive health care facility provided that the health care facility has marked the 100-foot boundary and posted DPW-provided notices. "Harassment" that is prohibited within this 100-foot zone includes intimidating a person while impersonating a reproductive health care facility worker. The prohibitions in California Penal Code Section 423.2 are similar but also include a prohibition on recording a person and distributing such recordings for purposes of intimidation.
Background
The San Francisco Board of Supervisors enacted legislation building on existing law that ensures health care patients and workers are not subjected to intimidation and/or harassment when seeking and providing reproductive health care. The new legislation extends protective buffer zones surrounding reproductive health care facilities from 25 feet to 100 feet, explicitly states that the impersonation of healthcare workers is a form of harassment, and mandates annual police training to enforce these protections.
Prohibition
Article 43, Section 4304 make it unlawful to:
- Follow or harass any person within 100 feet of the entrance of a reproductive health care facility.
- Impede access to the door of a reproductive health care facility; or
- Shout, or cause to be produced any amplified sound beyond the volume of a conversational speaking voice, including use of a loudspeaker, bullhorn, or electronic audio instrument or device that produces or reproduces amplified sound, on any public street or sidewalk within 100 feet of the entrance of a reproductive health care facility.
Definitions
Article 43 Section 4302 includes the following definitions for categories of conduct prohibited in Section 4303:
Follow: to physically pursue an individual once that individual has indicated verbally or nonverbally, they do not wish to be approached or engage in conversation.
Harass: to engage in a course of conduct directed at a specific person or persons that alarms, seriously distresses, torments, or terrorizes the person. Harassment does not include, among other things, quiet, consensual conversation conducted from a stationary position. Harassment includes, but is not limited to:
- Approaching within eight feet of a person if that person indicates they do not want to be approached, except as necessary to enter or exit the reproductive health care facility;
- Approaching within eight feet of a person while impersonating a reproductive health care facility worker or volunteer registered with the facility, including by wearing clothing intended to resemble that of a reproductive health care facility worker or volunteer, or by verbally identifying oneself as a reproductive health care facility worker or volunteer, with the effect of intimidating the person;
- Following a person if that conduct is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another, or damage to or loss of property;
- Shouting at a person within 100 feet of the entrance of a reproductive health care facility;
- Intentionally touching or causing physical contact with a person without that person's consent;
- Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including, but not limited to ( 1) intentionally causing a pedestrian to take evasive action to avoid physical contact and/or (2) placing signs on the sidewalk such that the flow of pedestrian traffic is restricted. This subsection (e) shall not prohibit individuals from holding or wearing signs while using the sidewalk; or
- Using violent or threatening gestures toward a person.
Dispersal Order
A dispersal order can be an effective tool, but a dispersal order is not required in every situation. A law enforcement official may order the immediate dispersal of a gathering that continues to violate Section 4303 after a verbal warning. A dispersal order issued pursuant to this section shall include the following statements: (1) the gathering has substantially impeded access to or departure from the reproductive health care facility; (2) each member ofthe gathering shall, under the penalty of arrest and prosecution, immediately disperse and cease to stand or be located within at least 100 feet of an entrance or a driveway to the reproductive health care facility; and (3) the order shall remain in place for eight hours or until the close of business ofthe reproductive health facility, whichever is earlier. A dispersal order may be issued during the business hours of a reproductive health care facility and up to one hour before and after the posted business hours.
California Penal Code Section 423.2
California Penal Code Section 423.2 penalizes any person who obstructs, uses force or threat of force, or intentionally records without consent, any person, with the specific intent to intimidate that person from becoming or remaining a reproductive health services patient, provider, or assistant.
Quick Reference
| Crime | Cite Section | Level (M/F) |
|---|---|---|
| Follow or harass w/in 100 feet of entrance | SF Police Code Sec. 4303(1) | M |
| Impede access to the door of a reproductive healthcare facility | SF Police Code Sec. 4303(2) | M |
| Shout or use amplified sound w/in 100 feet of entrance | SF Police Code Sec 4303(3) | M |
| Force or threat of force to intimidate, interfere, injure healthcare client or provider | Cal. Penal Code Sec. 423.2(a) | M |
| Non-violent physical obstruction of access to reproductive healthcare facility | Cal. Penal Code Sec. 423.2(c) | M |
| Intentionally damage property of reproductive healthcare facility | Cal. Penal Code Sec. 423.2(e) | F |
| Intentionally video, film, photograph, or electronically record healthcare patient or worker | Cal. Penal Code Sec. 423.2(g) | M |
*Note: San Francisco Police Code Section 4303(2) and California Penal Code Section 423.2(c) are similar in nature. Both could be cited by the member if appropriate.
Roll call training has been entered into PowerDMS. Sworn members shall review the reference sheet for enforcing California Penal Code Section 423.2, watch the California Department of Justice training video, and complete a short knowledge quiz. Pursuant to San Francisco Administrative Code Chapter 96J, Section 96J.1, the Department will reissue this training each year as required by law.
/s/
PAUL YEP
Interim Chief of Police