Reddy v. Foster, No. 16-1432 (1st Cir. 2017)Annotate this Case
At issue in this case was New Hampshire Senate Bill 319 (the Act), which was signed into law in 2014. The Act permits a reproductive health care facility to demarcate a zone under certain conditions and forbids members of the public to knowingly enter or remain on the portion of the public way or sidewalk within that zone. After the U.S. Supreme Court decided in McCullen v. Coakley that a buffer zone statute in Massachusetts was unconstitutional, Plaintiffs commenced this action in federal district court seeking to enjoin enforcement of the Act and to have the Act declared facially unconstitutional under McMullen. The statute, however, has never been activated or enforced. The district court dismissed the action. The First Circuit affirmed the district court's dismissal for want of jurisdiction, holding that Plaintiffs have shown neither standing or ripeness.