Full opinion text
OPINION NORA BARRY FISCHER, District Judge. This action comes before the Court upon Plaintiff, Mary Kathryn Brown’s (hereinafter “Brown”) Motion for Preliminary Injunction [DE 22], in which Brown challenges the City of Pittsburgh’s Ordinance No. 49 (hereinafter “Ordinance”), regulating access to health care facilities. Brown seeks this injunction to prohibit the City of Pittsburgh, Pittsburgh City Council, and Luke Ravenstahl, in his official capacity as Mayor of the City of Pittsburgh (hereinafter collectively, “City Defendants”), from enforcing Sections 623.03 and 623.04 of the Ordinance against her. Upon review of Brown’s Motion and Brief [DEs 22 & 23], the City Defendants’ response thereto [DE 35], the transcript of the evidentiary hearing held on September 21, 2006 including exhibits presented to the Court, Brown’s Proposed Findings of Fact and Conclusions of Law [DEs 50 & 52], the City Defendants’ Proposed Findings of Fact and Conclusions of Law [DEs 49 & 51], the transcripts of the City Council meetings leading to the passage of the challenged ordinance, as well as Brown’s Supplemental Authorities [DE 64], Defendants’ response thereto [DE 65], and the oral argument heard by the Court on December 19, 2007, this Court now addresses Brown’s motion. I.Introduction Brown filed a Motion for Preliminary Injunction on June 28, 2006, seeking to enjoin the City Defendants from enforcing the Ordinance as applied to her. (Docket No. 23, at 1). She maintains that the Ordinance restricts her ability to protest, an activity in which she has engaged outside various reproductive health facilities in the City of Pittsburgh for a number of years. Id. Specifically, Brown alleges that the provisions of the Ordinance are unconstitutional as applied to her individual abortion protest activities at entrances to three facilities: Planned Parenthood in downtown Pittsburgh, Allegheny Reproductive Health Center, and Allegheny Women’s Center, both in the East Liberty neighborhood of the City of Pittsburgh. (Docket No. 50, at 2 ¶ 7; Exhibits in Support of Plaintiffs Motion for Preliminary Injunction 5-7 (hereafter, “Pls.Exh.”)). These facilities provide medical services to women, including abortions. The City Defendants filed their Opposition to Brown’s Motion on August 3, 2006 [DE 35], and a full evidentiary hearing was held on September 21, 2006 before the Honorable Thomas M. Hardiman [DE 44], Following the hearing, the parties submitted Proposed Findings of Fact and Conclusions of Law [DEs 50-52], During a status conference held on May 16, 2007 [DE 54], this Court provided the parties the opportunity to be reheard by this Court, supplement the record, and/or update their briefs. Both Brown and Defendants initially declined the Court’s offer by notice to this Court received on June 1, 2007. Thereafter, during the course of a status and scheduling conference held on November 27, 2007, the Court provided the parties the opportunity to attempt to resolve the matter through the Court’s Alternative Dispute Resolution program and/or a consent decree. The parties declined both options. During said conference, Brown requested leave of the Court to supplement authority and to provide argument. Accordingly, argument was held. Upon consideration of the entire record, this Court makes the following Findings of Fact and Conclusions of Law. II. Findings of Fact Identification of the Parties 1. Brown has worked as a Registered Nurse in Pittsburgh for twenty-two years. (Docket No. 50, at 2 ¶ 1). 2. Because of her experiences as an Emergency Department nurse, along with her religious beliefs, Brown engaged in sidewalk counseling and leafleting outside three medical services facilities: Planned Parenthood in downtown Pittsburgh, Allegheny Reproductive Health Center in East Liberty, and Allegheny Women’s Center in East Liberty. There are sidewalks in front of the entrances of all three facilities. (Id. at ¶ 7). 3. Defendant City of Pittsburgh is a municipal corporation designated as a city of the second class within the Commonwealth of Pennsylvania. Defendant Pittsburgh City Council is the legislative body of the City. Defendant Bob O’Connor was the former Mayor of the City prior to his death in September 2006, after which he was dismissed as party from this action. Defendant Luke Ravenstahl is the current Mayor of the City. (Docket No. 49, at 1 ¶¶2-4). At the time of the Ordinance’s passage, he was a member of the City Council. (Docket No. 49-3, at 1). Enactment of the Ordinance 4. The Ordinance originated in the Public Safety Services Committee and it was sponsored by Douglas Shields, William Peduto, James Motznik, and Sala Udin. {See Appendix A). The law supplements the Pittsburgh Code of Ordinances, Title 6, Conduct Article I: Regulated Rights and Actions, by adding anew chapter, specifically Section 623, “Public Safety at Health Care Facilities.” (See Appendix A). 5. At the open hearings held before the Ordinance was enacted, the public commented on the physical violence and verbal harassment that was occurring at these facilities. (See Docket No. 49-2, at 12-14, 18, 20-21, 35, 38-39, 43, 49, 53-54, 60; Docket No. 49-3, at 13, 15, 19). City Council accepted comments describing the need for the Ordinance to prevent future harm and provide additional safety to those walking on the city’s streets. (Docket No. 49-2, at 12-14, 18, 20-21, 35, 38-39, 43, 49, 53-54, 60). 6. At the public meetings, the need for a more efficient use of the Pittsburgh City Police was discussed. In the six months prior to December of 2005, the City Police were summoned to the downtown facility on Liberty Avenue twenty-two (22) times. (Docket No. 49-2, at 53; Docket No. 49-3, at 13). In January of 2005, because of city budget problems, the police assignment to the downtown Planned Parenthood was eliminated. (Docket No. 49-2, at 8). Without the support of police supervision, the downtown facility has experienced an increase in problems between protestors and patients. Id. Between February and November of 2005, the downtown Planned Parenthood received sixty (60) complaints from patients regarding problematic and often physical confrontations with protestors. (Docket No. 49-3, at 13). 7. In response to concerns of violent confrontations, issues relating to the use of public sidewalks, inefficiency in the deployment of municipal police officers, lack of certainty by citizens and police officers as to proper behavior, and other matters, the City Defendants enacted Ordinance No. 49 on December 23, 2005, by a vote of six to three. (Docket No. 49, at 2 ¶ 5; Docket No. 49-2, at 62; Docket No. 49-3, at 32). 8. The challenged provisions of the Ordinance, which became effective on December 30, 2005, provide in them entirety: § 623.03 EIGHT-FOOT PERSONAL BUBBLE ZONE No person shall knowingly approach another person within eight feet (8’) of such person, unless such other person consents, for the purpose of passing a leaflet or handbill to, displaying a sign to, or engaging in oral protest, education or counseling with such other person in the public way or sidewalk area within a radius of one hundred feet (100’) from any entrance door to a hospital and/or medical office/clinic. § 623.04 FIFTEEN-FOOT BUFFER ZONE No person or persons shall knowingly congregate, patrol, picket or demonstrate in a zone extending fifteen feet (15’) from any entrance to the hospital and or health care facility. This section shall not apply to police and public safety officers, fire and rescue personnel, or other emergency workers in the course of their official business, or to authorized security personnel employees or agents of the hospital, medical office or clinic engaged in assisting patients and other persons to enter or exit the hospital, medical office, or clinic. § 623.05 Penalty Section Any person, firm, or corporation who pleads guilty or nolo contendere, or is convicted of violating of [sic] this section shall be guilty of a summary offense and punished by a fine of at least fifty dollars ($50.00) for the first offense; a fine of at least one hundred fifty dollars ($150.00) for a second offense within five (5) years; and a fine of three hundred dollars ($300.00) for a third offense within five (5) years. For fourth and subsequent offenses within five (5) years the fine shall not be less than three hundred dollars ($300.00) and/or imprisonment for not less than three (3) days but not more than thirty (30) days. No part of the minimum fine may be suspended or discharged, except upon proof and a finding of indigence by the court. Indigent defendants may pay fines imposed under this section by participation in a court designated community service program, crediting the commensurate dollar amount of each hour of community service toward payment of the minimum fine owed. (Ordinance, Sections 623.03, 623.04, and 623.05) (emphasis in original). 9. The purpose and intent behind the creation of the Ordinance is set forth in the Ordinance as follows: § 623.01 Intent of Council The City Council recognizes that access to Health Care Facilities for the purpose of obtaining medical counseling and treatment is important for residents and visitors to the City. The exercise of a person’s right to protest or counsel against certain medical procedures is a First Amendment activity that must be balanced against another person’s right to obtain medical counseling and treatment in an unobstructed manner; and The City of Pittsburgh Bureau of Police has been consistently called upon in at least two locations within the City to mediate disputes between those seeking medical counseling and treatment and those who would counsel against their actions so as to (i) avoid violent confrontations which would lead to criminal charges and (ii) enforce existing City Ordinances which regulate the use of public sidewalks and other conduct; such services require a dedicated and indefinite appropriation of policing services, which is being provided to the neglect of the law enforcement needs of the Zones in which these facilities exist. The City seeks a more efficient and wide deployment of its services which will help reduce the risk of violence and provide unobstructed access to Health Care Facilities by setting clear guidelines for activity in the immediate vicinity of the entrances to Health Care Facilities. The Council finds that the limited buffer and bubble zones outside the Health Care Facilities established by this Ordinance will ensure that patients have unimpeded access to medical services while ensuring that the First Amendment rights of demonstrators to communicate their message to their intended audience is not impaired. (Ordinance, Section 623.01). 10.Prior to enacting Ordinance No. 49, the Pittsburgh City Council heard public comment on the proposed bill on December 7, 2005 and December 13, 2005. During these hearings, all members of the public were permitted to comment on the pending legislation. (Docket No. 49, at 2 ¶ 6). Plaintiff Brown was one of the many people who appeared and commented regarding the proposed legislation. (Id. at ¶ 7). Brown stated that she is not protesting; she stands on the sidewalks to “offer distraught women the truth.” (Docket No. 49-2, at 5). She further commented that she believes the patients of these facilities are being denied information about the risks and benefits of abortion. (Id.). Brown claimed that she goes out to protest to provide the information these patients need in order to make an informed decision, and that the Ordinance prevents her from doing so. (Id. at 5-6). Plaintiff’s Activities 11. During the past fifteen years, Brown has spent hundreds of hours outside abortion facilities because she believes that if she does not go to these facilities “precious lives will be lost.” (Docket No. 50, at 3 ¶ 13). 12. Brown goes out in front of abortion clinics from 7 a.m. until either 10 or 11 a.m., depending on her schedule for that particular day. She chooses that time because that is when she believes women are getting abortions. (Id. at ¶ 15-16). 13. Brown claims she has never trespassed or blocked vehicular or pedestrian ingress or egress to an abortion facility. Brown has never engaged in shoving, kicking, pushing, or elbowing of patients or anyone else outside abortion facilities. (Id. at ¶ 19). 14. When engaged in such speech activities, Brown stands on the sidewalk to the side of the entrance to abortion facilities, or she walks alongside a woman who is walking on the sidewalk in the direction of an abortion facility, in order to hand said woman a leaflet and/or have a conversation. (Id. at ¶ 20) (See Pls. Exh. 5-7). 15. Brown speaks to women about the physical dangers of abortion, discusses alternatives to abortion, and provides referrals for assistance with medical, physical, emotional, and spiritual needs. (Id. at ¶ 21). 16. Brown claims that she does not yell out to individuals or resort to a sound device because she believes that these methods eliminate any interest in her message by her intended audience. (Id. at ¶ 22). 17. Brown claims that throughout the years in which she has engaged in such speech activities, some women have continued their pregnancies as a result of her efforts. (Id. at 4 ¶ 23). Brown’s Testimony at the September 21, 2006 Evidentiary Hearing 18. Brown testified that she does not understand what much of the Ordinance means in the context of her speech, including what subject matter the Ordinance prohibits, what conduct or words constitute “consent,” from whom she must obtain “consent,” and whether the “no approach” prohibition applies to all individuals or just to individuals that intend to enter a facility where abortions may be performed. Brown maintains that she does not know what is required under the Ordinance in order to obtain consent. Furthermore, Brown states that she does not know whether she is prohibited from taking a step or even leaning toward someone to hand them some literature. (Transcript of Evidentiary & Preliminary Injunction Hearing held on September 21, 2006, at 44:13-23 (hereafter, “Trans.I.”)). 19.Brown maintains that she does not know whether consent is given by a woman looking at her, stopping to talk or listen, or accepting her literature. Moreover, Brown does not know how to obtain consent when there are two people walking together, whether she needs consent from one or both, or what she can do regarding her approach within eight feet if she obtains consent from one but not the other. (Trans. I, at 44:24, 45: 1, 4-7, 8-25). Brown’s Reason for Bringing this Lawsuit 20. Brown has filed this lawsuit, including a request for injunctive relief, against the City Defendants asserting that Defendant City’s application of Ordinance No. 49 is unconstitutional as applied to her under both the First and Fourteenth Amendments of the United States Constitution and the Pennsylvania Religious Freedom Protection Act, 71 Pa. Cons.Stat. §§ 2401-2407 (“RFPA”). She does not raise a claim of facial invalidity of Ordinance No. 49 within her motion seeking injunctive relief (Docket No. 28, at 1). However, she has pled a claim of facial invalidity in her Verified Complaint. (Docket No. 1, at 7 ¶ 43). 21. Brown claims, inter alia, that with respect to the eight-foot floating bubble zone established by the Ordinance, she must run out into the street in order to “walk along side and speak with people.” (Docket No. 50, at 11 ¶ 108). Whether or not Brown is forced into the street depends on where she is protesting. For example, the sidewalk in front of the downtown facility of Planned Parenthood is shorter in width than the sidewalks around the facilities in East Liberty. (See Pls. Exh. 5). First Enforcement of the Ordinance against Brown 22. On January 28, 2006, while Brown was engaging in speech activities at the downtown Planned Parenthood facility, Officer Timothy Alexander of the Pittsburgh Bureau of Police drove up to Planned Parenthood in a marked Pittsburgh police car with lights flashing and sirens on. City Police were dispatched to the scene by 911 operators after the security officer at the facility placed a call for assistance because Brown was allegedly violating the Ordinance. (Docket No. 49, at 6 ¶ 31; Docket No. 50, at 5 ¶¶ 41-43). 23. Officer Alexander has over fifteen years of experience as a Pittsburgh Police Officer. During his service to the City, he spent many hours observing protesters at various locations, including outside medical services clinics. (Docket No. 49, at 6 ¶ 35). 24. Upon arrival at the scene, Officer Alexander, in uniform, witnessed protesters inside the fifteen foot buffer zone and noted that they dispersed upon his arrival. Subsequently, he went inside the abortion facility for approximately ten minutes to inquire as to the reason for the call. (Docket No. 49, at 7 ¶¶ 36-37). 25. As Officer Alexander came back outside, a guard at the abortion facility held the door open from inside and pointed Brown out to Officer Alexander. Officer Alexander spoke with various persons outside the clinic; he advised all of the protesters of the law and their need to comply therewith. (Docket No. 50, at 6 ¶ 44; Docket No. 49, at 7 ¶¶ 37-39). 26. When Officer Alexander approached Brown, she told him that she did not want any trouble. Ms. Brown informed him that she needed clarification about the Ordinance because she heard conflicting information from the facility employees. (Docket No. 50, at 6 ¶ 45). 27. In seeking to force Brown to comply with the Ordinance, Officer Alexander told her that in order to obtain consent she must hear the words: “I consent to you speaking to me about abortion.” (Trans. I, at 45:1-3). 28. Officer Alexander advised Brown that she is not allowed to do anything within fifteen feet of the entrance of the abortion facility, and that she could not stand in the fifteen-foot buffer zone or be there at all. (Docket No. 50, at 6 ¶¶ 46-47). 29. Officer Alexander also stated that he did not want Brown to chase people down the street. (Id. at ¶ 48). 30. According to Brown, she specifically asked him if she could distribute anti-pornography literature. Officer Alexander asked Brown if he could see what she was handing out and Brown handed Officer Alexander a copy of the literature. (Trans. I, at 37:8-14; see also Pls. Exh. 3). 31. According to Brown, Officer Alexander stated that Brown could hand the literature out in front of a pornography shop. However, Officer Alexander took the leaflets with him when he left. (Trans. I, at 37:9-25, 40:22-25). Officer Alexander does not recount these facts in the same fashion; in particular, he did not recall Brown handing him the flyers (Pis. Exh. 2 and 3) that day. (Trans. I, at 78:6-24). According to the Officer, he stated that anyone could hand out literature of any kind so long as doing so complied with the Ordinance. (Id. at 78:25, 79:1-3). The Officer stated that he did not closely examine or read the contents of any leaflet nor did he intentionally prohibit distribution of one type of literature in lieu of another type. (Id. at p. 80: 2-23). 32. A pornography shop is located within the restricted one hundred-foot zone from the entrance door to Planned Parenthood on Liberty Avenue. (Docket. No. 50, at 6 ¶ 54; Pls. Exh. 5). 33. Officer Alexander told Brown that because there is an Ordinance now, he has to enforce it. (Id. at ¶ 55). According to Brown, Officer Alexander ordered: “Don’t make me have to come back here again.” (Id. at ¶ 56). However, Officer Alexander does not recall making that statement. (Trans. I, at 75:1-4, 11-13, 80:2-6, 21-23). He did not arrest or cite her for violating the Ordinance. (Docket. No. 49, at 8 ¶ 48-49). Indeed, Officer Alexander did not recall speaking with Brown specifically on the day he was called out to the clinic. (Trans. I, at 75:14-17, 80:7-10). 34. Brown claims that she understood Officer Alexander’s warning to mean that she would be cited for violating the Ordinance if she engaged in sidewalk counseling and leafleting opposing abortion in the restricted areas outside abortion facilities. (Docket No. 50, at 7 ¶ 58). 35. Under the Ordinance, Brown understands that she is subject to arrest, detention, fine, and punishment. (Id. at ¶ 59). 36. Brown complied with Officer Alexander’s orders and stopped engaging in sidewalk counseling and leafleting opposing abortion in the restricted areas. (Id. at ¶ 60). 37. According to Officer Alexander, it is common practice in the department that an officer would have to personally witness a violation before he would enforce an ordinance. (Id. at ¶ 62; Trans. I, at 56:18, 57:9). 38. Officer Alexander testified that under the Ordinance, someone within the one hundred-foot zone would not have to obtain permission from Brown to approach in order to speak to Brown. A person would only have to obtain permission from the person they are approaching in order to speak with him or her within a certain distance. (Docket. No. 50, at 7 ¶ 64; Trans. I, at 67:8-11). 39. Officer Alexander testified that one way for Brown to receive consent under the Ordinance would be to state the following: “I’m an activist, can I speak to you.” (Trans. I, at 67:19-21). Additional Incidents of Enforcement or Lack of Enforcement 40. According to Brown, following the enactment of the Ordinance, employees and escorts at the health facilities have opposed Brown’s attempts to engage in related speech. (Docket No. 50, at 8, ¶ 70). 41. The clinics employ staff members and escorts to assist patients to and from the facilities. Neither clinic staff nor escorts are employees or agents of the City. (Docket No. 49, at 10 ¶¶ 64-65; Id. at 11 ¶¶ 79-80). 42. According to Brown, these escorts run between her and the women with whom she attempts to speak outside the facilities. (Docket No. 50, at 8 ¶ 80). In addition, escorts follow Brown around with a camera and approach within one foot of her to take a picture in her face. (Id. at 9 ¶ 80). 43. Health facility employees instruct women on the street waiting to enter the clinics by stating: “Back up eight feet.” Brown contends that these directives frustrate her attempt to obtain consent from the waiting women. (Id. at ¶ 81). 44. Brown also contends that the City of Pittsburgh and its Bureau of Police have not prohibited facility employees from engaging in speech activities in favor of abortion, or have not otherwise enforced the Ordinance against the employees. (Id. at ¶ 82). However, the police have not witnessed these events involving the facilities’ employees nor were they called to the scene by the protestors or the facilities involved. (Docket No. 49, at 9 ¶ 55-56; at 10 ¶¶ 66-68). 45. According to Brown, on Saturdays when an allegedly high number of abortions occur, two to four health facility escorts stand at each end of the sidewalk at the start of the restricted one hundred foot zone from entrance doors, and another escort stands in the restricted fifteen foot zone near the entrance. (Docket No. 50, at 9 ¶ 84). 46. Brown states that facility escorts stand within the fifteen foot zone and scream at Brown and call her a liar and tell her that she does not know what she is talking about with respect to the subject matter of Brown’s speech. Moreover, the escorts proclaim that abortion is not dangerous for women, that Brown has no right to tell women that it is dangerous, and tell Brown to back off. When Brown is within the restricted one hundred foot zone, yet outside the fifteen foot buffer zone, abortion facility escorts yell: “Back up, back up,” even though she is standing in place waiting for a woman to walk by or is walking alongside a woman who has appeared to consent to Brown approaching within eight feet of her. (Id. at ¶¶ 85, 88, 90). 47. Because the facility escorts surround women in the restricted areas and walk them into the abortion facility, Brown claims that she has been prevented from getting close enough to obtain consent to approach the women. (Id. at ¶ 88). 48. On numerous occasions, facility escorts have allegedly forbidden Brown to speak to women entering the facility. Facility escorts allegedly interfered by telling Brown to back up, grabbing literature from the hands of women who had willingly accepted it as well as from Brown herself, and otherwise interfering with women who consented to speak with Brown. (Id. at ¶ 89). 49. Facility escorts tell the women to ignore Brown, that she is lying, and that Brown is not there to help them. According to Brown, even when women declined to proceed with medical services, the escorts physically turned the women around and forced them into the clinic. (Id. at 9 ¶ 90, at 10 ¶ 91; Trans. I, at 26:21-25). 50. Facility escorts have never asked Brown or any women at the facilities for permission to approach before they do so. (Docket No. 50, at 10 ¶ 92; Trans. I, at 27:14-24). 51. Brown contends that the police have not enforced the Ordinance against the clinic workers at these times when they are engaging in these activities. However, the police have not witnessed these events nor were they called to the scene. (Docket No. 50, at 10 ¶ 93; Docket No. 49, at 9 ¶¶ 55-56, at 10 ¶¶ 66-67). 52. Brown claims that the threat of arrest, detention, fine, and punishment for violating the Ordinance has caused her to be deterred and chilled in the exercise of her speech. (Docket No. 50, at 10 ¶ 94). 53. Prior to the enactment of the Ordinance, within what is now the one hundred foot zone, Brown would approach women, walk along side them, offer them literature, explain the dangers of abortion, and offer help. (Id. at ¶ 95). 54. Brown chose this type of method because she believes it is the most effective. She claims that this method fosters a close, personal, loving, compassionate, and empathetic relationship with the women she addresses. Brown would also stand within what is now the fifteen foot zone and would be able to speak with women coming from all directions. Brown would approach them and offer them literature, explain the dangers of abortion, offer them help, assistance, and alternatives. Brown contends that she would never yell, use amplification, block, push, shove, or engage in other violent behavior. (Id. at ¶¶ 96-100). 55. Under the Ordinance, if consent is not first obtained by Brown, the distance between Brown and those whom she wants to approach in order to counsel individuals and hand out leaflets is limited. (Id. at ¶ 101). 56. From outside the restricted areas, Brown states that she would attempt to determine which individuals intend to enter the health facility based on physical characteristics such as sex, age, and dress. (Id. at ¶ 103). 57. Outside the restricted areas, Brown claims that she does not know whether an individual or couple will enter a facility, a neighboring business, or simply pass by. (Id. at 11 ¶ 104). 58. Brown stated that, on numerous occasions, she would misjudge whether an individual or couple intended to enter a facility and thus would lose the opportunity to engage in speech with them because they had entered the restricted area. (Id. at ¶ 105). 59. Brown has seen people whom she did not think were going into the clinic until they entered the fifteen foot zone; then, she was unable to speak with them. (Id. at ¶ 106). 60. Brown has also spoken to those whom she thought were going into the clinic and they did not. (Id. at ¶ 107). 61. Because people rarely walk on the edge of a sidewalk, Brown claims that the eight foot bubble zone in the one hundred foot restricted area forces her into the street in order to walk alongside and speak with people, which she cannot do for her own safety reasons. (Id. at ¶ 108). 62. Brown claims that the eight foot bubble zone limits her from speaking with people, as she has for fifteen years, as they walk through the entire one hundred foot restricted area. (Id. at ¶ 109). 63. Brown contends that she is now limited in her ability to speak with women when attempting to comply with the eight foot floating zone. (Id. at ¶ 110). 64. Attempting to maintain the eight foot zone forces Brown to either: (1) try and run backwards so that she is in front of a woman with whom she is trying to speak and make eye contact while also trying to avoid trees, garbage cans, poles, electric boxes, or pedestrians; (2) run alongside which causes her to be pushed into the street; or (3) run behind women with two or three escorts in between and trying to make herself heard over the traffic, noise, and the pedestrians. (Id. at ¶ 111). 65. Brown claims that she is also unable to distribute flyers while attempting to maintain the eight foot separation. (Id. at ¶ 112). Brown faces difficulty in getting close enough to the women to offer literature, especially as she avoids hitting objects. (Id. at ¶ 113). In the one or two seconds as people walk by, since she cannot approach anyone, Brown claims she is unable to hand out leaflets. (Id. at ¶ 114). When Brown is passing out leaflets and standing in place to comply with the “no approach” prohibition, she claims that no one has ever approached her to take a leaflet from her. (Id. at 11115). Most people do not walk right next to Brown, but rather move several feet away, which makes it impossible to hand them a leaflet without approaching them. (Id. at 12 ¶ 115-116). 66. When engaged in sidewalk counseling and leafleting, Brown chooses to speak in a normal conversational tone. (Id. at 13 ¶ 128). 67. During the week days, buses go by almost continuously early in the morning until 9:30 or 10:00 a.m., at which time the frequency of the buses somewhat lessens, but the bus traffic does not stop. (Id. at ¶ 131). However, the bus traffic on Saturdays, when Brown claims a lot of women go to the clinic, is considerably less. (Pls.Exh. 8). 68. There are also many pedestrians early in the morning. (Id. at ¶ 132). 69. At eight feet away, Brown contends that it is difficult for her to speak with individuals entering the facilities and thus she is forced to yell. The women are not able to hear her over the background noise even if she tries yelling. (Id. at ¶ 134). 70. Brown chooses not to use any amplification or yelling because she believes, based on her experiences, that it is not helpful. In her view, it is not conducive to reaching women with her message and she believes it scares them and turns them off to her message. (Id. at ¶ 135). 71. Because the Ordinance allegedly limits Brown’s ability to speak to individuals in the restricted areas, she asserts that she must either yell at people from a distance of eight feet or speak personally for the one or two seconds as people pass her while she stands still to comply with the “no approach” prohibition. (Id. at ¶ 136). Under the Ordinance, she may stand on the sidewalk and speak to people as they walk by. (Ordinance; Docket No. 49, at 14 ¶ 100). 72. The Ordinance limits her from peacefully speaking to women, both outside and entering these facilities, by requiring her to stay outside the fifteen foot buffer zone and the eight foot bubble zone around a moving individual. (Docket No. 50, at 14 ¶ 141). Facts Particular to Planned Parenthood in Downtown Pittsburgh 73. The sidewalk in front of Planned Parenthood is approximately 12 to 13 feet wide. (Id. at ¶ 142; Pls. Exh. 5). The Planned Parenthood facility is located at 933 Liberty Avenue, Pittsburgh, PA, 15222. 74. The fifteen foot fixed zone extends several feet into the street. (Id. at ¶ 143; Pls. Exh. 5-5). 75. Within the one hundred foot zone on the same side of the street as Planned Parenthood, there are several businesses abutting the sidewalk, including a museum, a bar/nightclub, two restaurants, a theater, and a pornography store. (Id. at ¶ 144; Pls. Exh. 5). 76. The one hundred foot zone across the street from Planned Parenthood includes the entire street and a portion of the sidewalk which abuts a deli and another street. (Id. at ¶ 145; Pis. Exh. 5). 77. Because these health facilities are located along busy downtown streets, Brown claims that she cannot be heard at a normal conversational tone when standing at a distance of eight feet from individuals or fifteen feet from any facility entrance due to the background noise from buses and other vehicles, commercial activity, and pedestrians in the area. (Id. at ¶ 146; Pls. Exh. 5). 78. Brown contends that it is busier and noisier, due to bus and pedestrian traffic, between 7:00 and 8:00 a.m., which she claims is when most of the women are going into the clinic and when she is present. (Id. at 15 ¶ 147; Pls. Exh. 5 and 8). Facts Particular to Allegheny Reproductive Health Center in East Libertg 79. Allegheny Reproductive Health Center is located at 200 North Highland Avenue, Pittsburgh, PA 15206. Within the one hundred foot zone on the same side of the street as the clinic are a child day care center and a Salvation Army center. (Id. at ¶ 150; Pls. Exh. 7). 80. The one hundred foot zone includes the entire street, the sidewalk, and several businesses abutting the sidewalk, such as a bar/lounge, an American Legion, a barber shop, and a clothes shop. (Id. at ¶ 151; Pls. Exh. 7). 81. Public parking is permitted within the one hundred foot zone along the side of the street of the facility. (Id. at ¶ 152; Pls. Exh. 7). 82. Prior to the Ordinance, Brown would often speak to women who have lined up, according to clinic procedure, outside the facility waiting for an abortion. Brown would walk up to them and offer them literature, talk to them, and offer them help. (Id. at ¶ 153-54). 83 On or about June 15, 2006, Brown stood outside the fifteen foot restricted area at this facility to engage in sidewalk counseling and leafleting. (Id. at 16 ¶ 158). Brown spoke with a young woman (about fourteen years old) who was standing outside the abortion facility waiting to be admitted for an abortion. (Id. at ¶ 159). 84.Brown perceived that the young woman willingly listened to her speak about the physical dangers of abortion as well as the help that was available to her. (Id. at ¶ 160). When the young woman’s boyfriend said, “Babe, we don’t want to hear this,” the young woman and her boyfriend proceeded toward the entrance of the medical services facility. (Id. at ¶ 161). Neither was employed by or acting under the authority of the City. (Docket No. 49, at 9 ¶ 57). 85. City police were neither present nor called to the scene of this encounter. (Id. at ¶ 55-56). 86. The noise volume represented on the video (Pls.Exh. 8), which was taken at around noon at Allegheny Reproductive clinic, was at a time of the day when less noise was occurring than when Brown is outside the clinic. (Docket No. 50, at 16 ¶ 164). 87. There is more traffic early in the morning with people going to work between 7:00 and 9:00 a.m., which is also when Brown believes that most women are going for abortions and when Brown is out at the clinic. (Id. at ¶ 165). 88. Brown testified that during the first week of September of 2006 she was again standing in front of Allegheny Reproductive Health Center outside the fifteen foot zone and tried to hand a woman literature and speak to her. (Id. at ¶ 167). 89. A clinic escort who was standing inside the fifteen foot zone allegedly hit Brown’s hand when she was attempting to give the flyer to the woman, and the escort screamed in Brown’s face that she had to back up and get away. (Id. at 17 ¶ 168). 90. Brown claims that the escort then put her arm around the woman who was heading towards the clinic entrance and told her to ignore Brown. (Id. at ¶ 169). 91. It is contended that a police officer, not identified by Brown, was present but did not enforce the Ordinance’s consent and distance requirements against the clinic escorts. (Id. at ¶ 170). However, the officer told Brown that he had not witnessed the event. (Docket No. 49, at 11 ¶ 74). In addition, the officer told Brown that if he observed her approaching women walking down the street again, then he would arrest her. (Docket No. 50, at 17 ¶ 171). 92. Brown contends that the City of Pittsburgh and the Pittsburgh Bureau of Police do not prohibit the facility escorts from engaging in “oral protest” in favor of abortion, and otherwise fail to enforce the Ordinance against the escorts. (Docket No. 50, at 8 ¶ 79). Once again, the police did not personally witness this event involving Brown and the facility escorts. (Docket No. 49, at 11 ¶ 74). Facts Particular to Allegheny Women’s Center in the Consad Building in East Liberty 93. The Allegheny Women’s Center is located on the second floor of the Consad building located at 121 North Highland Avenue, Pittsburgh, PA 15206. Other businesses are located within the Consad building. (Docket No. 50, at 17 ¶ 172-73; Pls. Exh. 6). 94. The sidewalk in front of Allegheny Women’s Health Center is approximately ten feet wide. (Id. at ¶ 174; Pls. Exh. 6). 95. The fifteen foot zone extends five feet out into the street. Within the fifteen foot zone there is a pizza shop that is located next door to the clinic. Cars park within the five feet that extends into the street. (Id. at ¶ 175-77; Pls. Exh. 6). 96. Many businesses are within the one hundred foot zone on the same side of the street as the clinic, including a pizza shop, an insurance store, and a check-cashing store. (Id. at ¶ 178). 97. The one hundred foot zone also includes the entire street, the sidewalk across the street, and several businesses abutting the sidewalk such as a fitness center, a fast food restaurant, and an American Legion. (Id. at ¶ 179; Pls. Exh. 6). General Findings 98. Throughout the entirety of Brown’s sworn testimony, including her multiple affidavits and her testimony given on September 21, 2006, Brown has not presented any evidence that the noise level at the two East Liberty facilities would impede her ability to deliver her message within the parameters of the Ordinance. Therefore, the only issue regarding noise relates to the noise levels at the downtown medical service facility. The noise downtown is created by routine traffic noises, buses, cars and pedestrians. (See Pis. Exh. 8). The City Defendants contend that the City does not create or control the level of street noises as to vehicle and pedestrian traffic. (Docket No. 49, at 13 ¶ 91-95). 99. Brown has produced evidence of only two instances where the City has been involved in the enforcement of'the Ordinance against her. (Docket No. 50, at 5 ¶¶41^3; at 8 ¶¶ 76-77). However, the parties dispute the factual basis of these incidents. (Docket No. 49, at 7 ¶¶ 39-43; at 10 ¶¶ 66-68). 100. At the time of the incidents alleged by Brown, the Pittsburgh City Police Officers had little or no training with regard to the Ordinance. (Transcript of Oral Argument held on December 19, 2007, at 17:9— 15 (hereinafter, “Trans.II”)). The officers patrolling the zones, where the health facilities at issue are located, were told by their commanding officer to memorize the Ordinance and its terms. (Id.). At the time of the incidents of which Brown complains, the City Police Officers had not yet received formal training from the Pittsburgh City Law Department. (Id.). 101. Under the Ordinance, Brown is not prohibited from handing out leaflets, carrying signs, or speaking to her intended audiences. The Ordinance does not place restrictions on the number, size, text, or content of signs. (Docket No. 49, at 14 ¶¶ 98-99). 102. Outside the fifteen foot buffer zone, Brown may otherwise stand in the path of oncoming pedestrians to offer literature or counseling and she is not required to move out of their way as they approach her. (Id. at ¶ 100; Ordinance). 103. The Ordinance places no restrictions on the number of speakers and allows conversations to occur at a distance of eight feet. Brown may approach intended listeners if they consent to her approach. Prior to engaging in conversations or providing intended listeners with leaflets or literature, Brown only needs to ask for consent. (Docket No. 49, at 14 ¶¶ 101— 102). 104. There is a knowing requirement included in the Ordinance to prevent protesters from inadvertently violating the law. (Id. at ¶ 104). 105. Since the enactment of the Ordinance, Brown is still able to speak with women outside these facilities and she had not been arrested or fined before the filing of the instant action. (Id. at ¶ 106). 106. To this Court’s knowledge, Brown has never been arrested or fined for a violation of the Ordinance. Defendants provided notice to the Court, by letter dated December 12, 2007, that two individuals have thus far been cited in accordance with the Ordinance at issue. One individual was found guilty at the district court level. He appealed, and his conviction was reversed. The other individual’s citation was dismissed at the district court level. To the City Defendants’ knowledge, no other citations, lawsuits, or appeals have been filed with respect to the Ordinance. 107. Brown initially alleged that she was unable to continue in her activities at the health facilities because of the Ordinance. (Docket No. 50, at 7 ¶ 60). However, during oral arguments on December 19, 2007, it was represented to this Court that Brown has been able to continue in her protest activities during the pendency of this lawsuit. (Trans. II, at 67:15-20). 108. Brown, according to her description of her activities, including running alongside women she believes to be patients, is classified as a protester. Therefore, her conduct can be viewed as an obstacle to women seeking access to reproductive health facilities. (Docket No. 49, at 16 ¶¶ 120-21). 109. To the present day, Brown continues to engage in protest activities at the described Pittsburgh facilities. (Trans. II, at 67:15-20). III. Brown’s Arguments In support of her motion for preliminary injunction, Brown has brought an as applied challenge to the Ordinance claiming that it was enforced in a content-based manner, thus susceptible to strict scrutiny analysis. (Docket No. 23, at 13). Brown contends that the regulation fails strict scrutiny because (1) it is not narrowly tailored, (2) burdens more speech than necessary, and (3) fails to leave open ample alternatives of communication. (Id. at 21-22). Additionally, she argues that the Ordinance fails to further the City’s purported interests. (Id. at 16-17). Within her as applied challenge, Brown claims that the enforcement of the Ordinance against her violates her rights pursuant to the Equal Protection Clause of the Fourteenth Amendment, the Free Exercise Clause of the First Amendment, and the Pennsylvania RFPA. (Docket No. 23). As noted, Brown has not raised a facial challenge to the Ordinance within her motion seeking injunctive relief. (Docket No. 22). However, she has raised a facial challenge in her Verified Complaint, (Docket No. 1, at 7 ¶ 3, hereinafter “Complaint”). Furthermore, her proposed findings of fact and conclusions of law relate to her inability to understand the Ordinance because she contends it is overbroad and vague. (Docket No. 50, at 4-5 ¶¶ 30-36, 38-40; at 6-7, ¶¶ 22-23). The parties dispute the facts surrounding the two incidents in which the City Police enforced the Ordinance against Brown in an alleged discriminatory manner. Brown solely relies upon the facts as stated herein regarding Officer Alexander’s alleged discriminatory enforcement for her as applied challenge. However, even though her evidence of the City’s alleged discriminatory enforcement is inadequate and disputed, it does not defeat her as applied challenge. Foti v. City of Menlo Park, 146 F.3d 629, 635 (9th Cir.1998). Thus, at this juncture, we will consider both the facial constitutionality of the Ordinance itself and its constitutionality as applied to Brown’s activities. Foti, 146 F.3d at 635; see also NAACP v. City of Richmond, 743 F.2d 1346, 1352 (9th Cir.1984) (as applied challenges are the most common type of challenges to restrictions on speech activity and may be coupled with facial challenges); Maldonado v. Houstoun, 157 F.3d 179, 183-84 (3d Cir.1998) (limited review is ordinarily appropriate at the preliminary injunction stage of a constitutional challenge to a law, but if the issue is legal and the facts are well established, the court need not abstain from addressing the constitutional issues). The Court will first address the facial constitutionality of the Ordinance because if the regulation is found to be facially invalid, we need not address Brown’s as applied arguments. IV. Statutory Construction of the Ordinance In order for the Court to determine the scope of the Ordinance at issue in the context of a facial challenge, pertinent Pennsylvania statutory construction must be applied. To entertain that analysis, the Court will first evaluate the source of the Defendant City’s power in making the subject Ordinance. A. Municipal Powers In order to fully determine the nature of Ordinance No. 49, the Court first must consider the source of the Defendant City of Pittsburgh’s municipal power in enacting the Ordinance and the limitations imposed on that power. As noted, the Defendant City of Pittsburgh is a city of the second class within this Commonwealth, and is considered a corporate and politic body which possesses certain powers established by the legislature. 53 Pa. Cons. Stat. § 23102 (2007). A limitation on these conferred powers is that they must be exercised in a reasonable, lawful, and constitutional manner. Kilcullen v. Webster, 260 Pa. 263, 103 A. 592, 594 (1918). One of those powers is to enact ordinances for various statutory purposes. 53 Pa. Cons.Stat. § 23103 (2007). The statutory purposes which are relevant to the present action include: the power to regulate sidewalks, regulate city police and impose fines for the violation of any ordinance; protect persons and public property through suitable police regulations; and to prevent and restrain riots and disturbances. 53 Pa. Cons.Stat. §§ 23115, 23120, 23124, 23131 (2007). Furthermore, the City has the power to make and enforce all necessary ordinances and regulations, and impose penalties for violations of such laws. 53 Pa. Cons.Stat. § 23158 (2007). Ordinances established under Section 23158 must be consistent with the Constitution and the laws of this Commonwealth. 53 Pa. Cons.Stat. § 23158 (2007). B. Rules of Construction and Interpretation The Court must also follow Pennsylvania law, with its established rules of statutory construction, to ascertain the meaning of the Ordinance. See e.g., Algrant v. Evergreen Valley Nurseries Ltd. Pshp., 126 F.3d 178, 188 (3d Cir.1997); Combs v. Homer Ctr. Sch. Dist., 468 F.Supp.2d 738, 767-68 (W.D.Pa.2006); R.W. Sidley, Inc. v. United States. Fid. & Guar. Co., 319 F.Supp.2d 554, 561 (W.D.Pa.2004). The Pennsylvania “rules of statutory construction are applicable to statutes and ordinances alike.” In Re Thompson, 896 A.2d 659, 669 (Pa.Cmwlth.2006) (citation omitted). Therefore, just like a statute, an ordinance’s words and phrases should be construed according to their common and approved usage. 1 Pa. Cons.Stat. § 1903(a) (2007); Algrant, 126 F.3d at 188. Additionally, words may be interpreted by reference to other ordinances. 1 Pa. Cons.Stat. §§ 1921(c), 1932 (2007); Algrant, 126 F.3d at 188. The goal of interpretation and construction of the Ordinance is to ascertain and effectuate the intent of the law as expressed in its language. 1 Pa. Cons.Stat. § 1921(a) (2007); Panik v. Didra, 370 Pa. 488, 493, 88 A.2d 730 (1952); Combs, 468 F.Supp.2d at 767. Every law must be construed, if possible, to give effect to all of its provisions. 1 Pa. Cons.Stat. § 1921(a); Combs, 468 F.Supp.2d at 767. When the language of a statute is free from ambiguity, it is not to be disregarded “under the pretext of pursuing its spirit.” 1 Pa. Cons.Stat. § 1921(a); Combs, 468 F.Supp.2d at 767. A court may consider the history of the legislation as an indicator of legislative intent, and statements made by legislators during the enactment process may properly be considered as part of the legislative history. Nationwide Mut. Ins. Co. v. Hampton, 935 F.2d 578, 591 (3d. Cir.1991). This consideration gives effect to the true object and intention of the legislature. Combs, 468 F.Supp.2d at 767. With respect to municipal ordinances, the Pennsylvania Supreme Court has specifically stated that the language used in such ordinances must be considered in the sense which harmonizes with, and gives effect to, the subject matter, general purpose and object sought to be achieved. Cloverleaf Trailer Sales Co. v. Pleasant Hills, 366 Pa. 116, 76 A.2d 872, 875 (1950). A municipal ordinance should be reasonably interpreted in view of the purposes it was intended to serve. Adams Outdoor Adv., L.P. v. Zoning Hearing Bd., 909 A.2d 469, 483-84 (Pa.Cmwlth.2006). Additionally, the goal of the law should be given effect in the light of the circumstances existing at the time of its enactment, with proper consideration for the consequences which would result from giving it a different or restricted meaning. Id. at 483-84. In ascertaining the legislative intent of an ordinance, there are certain presumptions that may be applied. First, it is presumed that the legislators, or council members, do not intend to violate the Constitution of the United States or of this Commonwealth. See 1 Pa. Cons.Stat. § 1922(3) (2007); Combs, 468 F.Supp.2d at 768. Secondly, it is presumed that the legislators intend to favor the public interest as against any private interest. 1 Pa. Cons.Stat. § 1922(5) (2007); Combs, 468 F.Supp.2d at 768. Third, there is a strong presumption in favor of the constitutionality of legislative acts, including municipal legislation. 1 Pa. Cons.Stat. § 1922(5). Fourth, the title of the law may also be considered in the construction and any other title, part, article, chapter, section or other division may be used to aid in construction. 1 Pa. Cons.Stat. § 1924 (2007). Lastly, but importantly, the Court notes that the Ordinance at issue is to be liberally construed as to effectuate its objects and to promote justice. 1 Pa. Cons.Stat. § 1928(c) (2007). C. Pertinent Statutory Background Given the background of this suit, this Court must next examine the City Defendants’ Ordinance in light of the pertinent statutory background in the areas of abortion and women’s health and treatment at the time of its enactment. To that end, this Court notes that the federal government has sought to protect the privacy of health information and health care delivery. See 29 U.S.C. §§ 1181-82 (1996). This Court further notes that Pennsylvania provides privacy protection to patients seeking health care through various statutes. See 50 P.S. § 7111 (1996) (protects the disclosure of records for patients being treated for mental illness); 42 Pa. Cons.Stat. § 5944 (1989) (a psychotherapist or psychologist is prohibited from disclosing confidential communications); 42 Pa. Cons.Stat. § 5929 (1995) (a physician is required to protect from disclosure communications received during a consultation for treatment or diagnosis); 42 Pa. Cons.Stat. § 5945.1 (2000) (all communications between a sexual assault counselor and a victim, counselor, and/or co-participant are confidential); 42 Pa. Cons.Stat. § 6155 (1998) (a patient’s medical records are generally protected from compelled disclosure). The federal government has also made it a crime to intentionally injure or use force by physically obstructing the access to reproductive health facilities. See 18 U.S.C. § 248 (1994) (Freedom of Access to Clinic Entrances, hereafter “FACE”). FACE also provides for civil rights actions and remedies for persons aggrieved by reason of conduct prohibited by the criminal section of the statute. See 18 U.S.C. § 248(c) (1994). In addition, the Commonwealth of Pennsylvania passed the Abortion Control Act, 18 Pa. Cons.Stat. § 3201, et seq. (1989), which provides the statutory framework governing abortion in the Commonwealth. The Act ensures that all women, especially minors, receive information about the risks, consequences, and alternatives to abortion to ensure that the patients give an informed consent to the procedure. 18 Pa. Cons.Stat. § 3205 (1989); In Re L.D.F., 820 A.2d 714, 716 (Pa.Super.2003). In fact, physicians are required to provide all women with access to state produced materials, which offer information on alternatives to abortion. 18 Pa. Cons.Stat. § 3205(2)(i); In Re L.D.F., 820 A.2d at 716. Physicians must also inform their patients about medical assistance benefits that may be available and that the father of the unborn child is “liable to assist in the support of [the] child,” even if he has offered to pay for the abortion. 18 Pa. Cons.Stat. § 3205(a)(2)(ii),(iii). With this in mind, the Court recognizes that the women Brown seeks to counsel are required by law to receive mandated information about abortion and its alternatives from their physicians upon becoming a patient. V. The Impact of Hill v. Colorado The challenged Section 623.03 of the Ordinance directly parallels the section of the Colorado statute that was held to be facially constitutional by the Supreme Court in Hill v. Colorado, 530 U.S. 703, 120 S.Ct. 2480, 147 L.Ed.2d 597. See Colo.Rev.Stat. § 18-9-122 (2007) (Another provision of the statute made it a misdemeanor “if such person knowingly obstructs, detains, hinders, impedes, or blocks another person’s entry to or exit from a health care facility”). As discussed infra, the facts of Hill are substantially similar to the instant case. Therefore, the doctrine of stare decisis must be applied in determining whether this Court must follow Hill. The following factors must be present before a prior decision has stare decisis effect: (1) The decision must constitute a holding of the majority of the court and if a particular result is adopted by a clear majority of the court, it has absolute precedential effect in substantially identical legal and factual circumstances. (2) The decision must involve an issue of law. (3) Similar factual situations must be involved. (4) An issue was actually determined by the decision. (5) The decision must be from the same court or from a court which the court applying stare decisis owes obedience. 3-30 Moore’s Manual-Federal Practice and Procedure § 30.11, (2007); (citing City of Erie v. Pap’s A.M., 529 U.S. 277, 285, 120 S.Ct. 1382, 146 L.Ed.2d 265 (2000)); Rappa v. New Castle County, 18 F.3d 1043, 1061 (3d Cir.1994); EEOC v. Trabucco, 791 F.2d 1, 4 (1st Cir.1986); Gately v. Commonwealth of Mass., 2 F.3d 1221, 1226 (1st Cir.1993); United States v. Tucker Truck Lines, Inc., 344 U.S. 33, 38, 73 S.Ct. 67, 97 L.Ed. 54 (1952). The holding in Hill v. Colorado constituted a majority of the Court. See Hill, 530 U.S. at 705, 120 S.Ct. 2480 (6-3 decision). The decision of Hill resolved the issue of whether Colorado’s law, Colo.Rev. Stat. § 18-9-122(3), was a constitutional speech-related restriction. Id. at 703, 120 S.Ct. 2480. As discussed infra, the Ordinance at issue here and Colorado’s statute are the same in content and both the City of Pittsburgh and Colorado passed these laws in the interest of public safety at health care facilities. Furthermore, the Defendant Pittsburgh City Council explicitly stated at the public hearings that the Ordinance was drafted in consultation with the City Solicitor and in accordance with Colorado’s statute. (Docket No. 49-2, at 48). Because of the similarities between the Colorado statute at issue in Hill and the instant Ordinance, a careful review of Hill is warranted in evaluating the present Ordinance. In upholding the Colorado statute in Hill, the Supreme Court made numerous pronouncements that influence this Court’s decision on the present matter. The Supreme Court held that even though the Colorado statute singled out “oral protest, education, [and] counseling,” it was content-neutral because this “denoted a broad category of speech rather than specifying a particular subject matter or viewpoint.” Hill, 530 U.S. at 724-725, 120 S.Ct. 2480; see also McGuire v. Reilly, 260 F.3d 36, 41 (1st Cir.2001). The Supreme Court gave little credence to the argument that the Colorado law impermissibly discriminated against abortion protestors because it targeted health care facilities. McGuire, 260 F.3d at 41 (citing Hill, 530 U.S. at 724, 120 S.Ct. 2480). Hill bears on this case because Section 623.03 of the Ordinance is nearly a verbatim copy of the language of the Colorado statute. The two laws read as follows: City of Pittsburgh Ordinance No. 49 No person shall knowingly approach another person within eight feet (8’) of such person, unless such other person consents, for the purpose of passing a leaflet or handbill to, displaying a sign to, or engaging in oral protest, education or counseling with such other person in the public way or sidewalk area within a radius of one hundred feet (100’) from any entrance door to a hospital and/or medical office/clinic. Ordinance, Section 623.03 Colorado’s Statute No person shall knowingly approach another person within eight feet of such person, unless such other person consents, for the purpose of passing a leaflet or handbill to, displaying a sign to, or engaging in oral protest, education, or counseling with such other person in the public way or sidewalk area within a radius of one hundred feet from any entrance door to a health care facility. Colo.Rev.Stat. § 18-9-122(3) (2007). Section 623.01 of the Ordinance, providing for the intent of the Defendant City Council, also bears a strong resemblance to the intent section of the Colorado law. The two intent sections of the laws read as follows: City of Pittsburgh Ordinance No. 49 The City Council recognizes that access to Health Care Facilities for the purpose of obtaining medical counseling and treatment is important for residents and visitors to the City. The exercise of a person’s right to protest or counsel against certain medical procedures is a First Amendment activity that must be balances against another person’s right to obtain medical counseling and treatment in an unobstructed manner; and the City of Pittsburgh Bureau of Police has been consistently called upon in at least two locations within the City to mediate disputes between those seeking medical counseling and treatment and those who would counsel against their actions so as to (i) avoid violent confrontations which would lead to criminal charges and (ii) enforce existing City Ordinances which regulate the use of public sidewalks and other conduct; such services require a dedicated and indefinite appropriation of policing services, which is being provided to the neglect of the law enforcement needs of the Zones in which these facilities exist. The City seeks a more efficient and wide deployment of its services which will help reduce the risk of violence and provide unobstructed access to Health Care Facilities by setting clear guidelines for activity in the immediate vicinity of the entrances to Health Care Facilities. Ordinance, Section 623.01 Colorado’s Statute The general assembly recognizes that access to health care facilities for the purpose of obtaining medical counseling and treatment is imperative for the citizens of this state; that the exercise of a person’s right to protest or counsel against certain medical procedures must be balanced against another person’s right to obtain medical counseling and treatment in an unobstructed manner; and that preventing the willful obstruction of a person’s access to medical counseling and treatment at a health care facility is a matter of statewide concern. The general assembly therefore declares that it is appropriate to enact legislation that prohibits a person from knowingly obstructing another person’s entry to or exit from a health care facility. Colo.Rev.Stat. § 18-9-122(1) There are three key similarities: (1) the protections