Colorado Clinic Proximity Law Faces Appellate Review
Wendy Faustin appeals a federal ruling upholding state restrictions on sidewalk counseling near medical facilities.
Updated on Oct. 26, 2026 in Law
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Wendy Faustin is challenging Colorado state law and Denver municipal ordinances that restrict individuals from approaching others within 8 feet of a health care facility entrance. A federal judge previously rejected the challenge in July 2026, leading to the current appeal at the U.S. Court of Appeals for the 10th Circuit.
Why it matters
The plaintiff argues that the current restrictions unfairly prevent the quiet dissemination of information regarding pregnancy resource centers and abortion alternatives. Supporters of the law contend it remains essential for maintaining order and protecting access at facility entrances.
Colorado state law and Denver ordinances establish a 100-foot zone around health care facility entrances where approaching individuals without consent to distribute literature or protest is prohibited. Violations of these proximity rules are classified as petty offenses carrying potential fines or jail time.
The players
Wendy Faustin
She is the plaintiff currently challenging the constitutionality of Colorado sidewalk counseling restrictions in federal court.
U.S. Court of Appeals for the 10th Circuit
This is the appellate court currently presiding over the legal challenge brought against Colorado's clinic buffer zone laws.
U.S. Supreme Court
This is the highest court in the United States which previously issued a landmark ruling regarding the constitutionality of Colorado buffer zones.
The details
The law mandates that individuals must maintain an 8-foot distance when communicating with others near clinic entrances if consent is not granted. The case seeks to revisit the constitutionality of these long-standing restrictions on public speech in sensitive areas.
Timeline
Colorado enacted the original bubble law statute in 1993.
The U.S. Supreme Court upheld the law in the 2000 decision Hill v. Colorado.
A federal judge rejected the current challenge to the law in July 2026.
Political Context
This case follows the legal pattern set by the 2000 U.S. Supreme Court decision in Hill v. Colorado, which historically affirmed the state's authority to enforce such buffer zones. Opponents of the current law argue that modern interpretations of First Amendment rights necessitate a departure from this established legal precedent.
Residents and protesters in Colorado must adhere to the 8-foot approach restriction when operating within 100 feet of health care facility entrances to avoid potential petty offense charges. Compliance with these established zones is required for all individuals engaging in public communication near these locations.
The takeaway
This case highlights the enduring tension between public assembly rights and the regulation of sensitive medical facility perimeters. Readers should monitor future Supreme Court filings to see if the judiciary decides to revisit the long-standing standards set in 2000.
What happens next
The case is expected to reach the U.S. Supreme Court following the conclusion of the appellate process at the 10th Circuit.
Further reading
For additional context on legislative actions and judicial reviews, visit the Law section.
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