Pro-life activist can now use amplifying device outside Asheville abortion facility

A pro-life activist is now allowed to address abortion center visitors with a sound-amplifying device after a North Carolina city amended an ordinance.

Pro-life activist Zachary Hebb reached a settlement with the city of Asheville, North Carolina, that allows Hebb to use an amplifying device to share his message opposing abortion outside the Asheville Health Center, the First Liberty Institute announced Tuesday. 

Hebb opposed a city ordinance prohibiting people from “producing, or causing to be produced amplified sound within 150 feet of the property line of a public school where classes or other educational activities are occurring, or a medical clinic that is open or otherwise caring for patients.” 

At the Feb. 24 Asheville City Council meeting, the city approved Ordinance No. 5199, which amended the noise ordinance to clarify that the prohibition on amplified sound only applies “when such sound is clearly audible at more than 150 feet from the sound amplifying device.” 

Hebb's lawyer says that he is compelled to share his views with individuals visiting the Asheville Health Center and "offers tangible aid" for mothers who want to keep their babies. He shares his beliefs using an amplifier and speaks in a conversational tone at "a volume level appropriate for the area.”

New language was included in the city ordinance to effectively prevent Hebb from sharing his beliefs near the abortion center, only after an abortion advocate complained about Hebb's messaging, the First Liberty Institute said.  But under the new language, Hebb's lawyers say he can now "use an amplifier to speak conversationally and still be heard by those he wants to reach with his messaging.” 

“We are thrilled Mr. Hebb will now have the opportunity to effectively and winsomely share his pro-life message outside Asheville’s abortion center,” said First Liberty Institute Senior Counsel Nate Kellum. “It is paramount, now more than ever, that we protect the right of each American to freely express their faith and beliefs in the public square.” 

The settlement follows years of litigation between Hebb and the city.

A federal district court sided with Hebb, finding that the city’s previous ordinance violated the First Amendment to the U.S. Constitution and was unconstitutionally vague. The city appealed to the U.S. Court of Appeals for the Fourth Circuit, where a three-judge panel reversed the lower court decision.