A Cumberland County judge has rejected the state’s push to impose a sweeping 500-foot buffer zone around the Planned Parenthood clinic on Congress Street, dealing a setback to state officials seeking to restrict an anti-abortion street preacher who has protested outside the facility for years.
The state had argued that John Andrade Jr.’s long-running Friday demonstrations, which included preaching and playing religious music through an amplified speaker, disrupted patient care and violated the Maine Civil Rights Act. Prosecutors said the noise routinely interfered with appointments and created challenges for clinicians working inside the building.
Justice Darcie McElwee agreed the testimony from clinic staff showed significant disruptions and said the state would likely be able to prove its case when it goes to trial. But she ruled that the state’s requested 500-foot buffer zone was far too broad, writing that such a restriction “would overburden Defendant’s First Amendment rights.”
Instead, McElwee issued a narrower order barring Andrade from using any noise-amplifying devices outside the clinic. Violating that order could result in a Class D criminal charge, carrying up to 364 days in jail.
In a separate ruling this week, the judge rejected Andrade’s attempt to have the case dismissed entirely, directing him to file a formal response to the state’s complaint within 20 days.
Following the decision, Andrade said he was “grateful” the judge refused to impose the large buffer zone and indicated he does not plan to resume his protests at the clinic.
Planned Parenthood officials welcomed the ruling, which allows the case to go forward while limiting the state’s ability to restrict protest activity on public streets.
