Hulinsky v. County of Westchester

On behalf of two pro-life sidewalk counselors, Thomas More Society filed a lawsuit in November 2022 against the County of Westchester, New York. The lawsuit challenged several pro-abortion provisions of Chapter 425 of the Laws of Westchester County, including an eight-foot “floating bubble zone” provision.

The “floating bubble zone” ordinance made it illegal for sidewalk counselors to “approach” within eight feet of individuals who were within 100 feet of the entrance to an abortion facility. This eight-foot bubble zone would essentially follow anyone entering or exiting the facility, within a 100-foot zone—designed to significantly hinder pro- life speech and the sharing of life-affirming literature.

The bubble zone was “a classic content-based restriction on speech,” said Chris Ferrara, TMS Senior Counsel.

Facing constitutional challenges and costly litigation, the Westchester County Board of Legislators voted August 7th, 2023 to repeal the unconstitutional eight-foot floating bubble zone provision. Thomas More Society attorneys continued to challenge the remaining provisions of Chapter 425 in federal court, securing victory on August 18, 2025 when a federal court ruled that Westchester County had violated the First Amendment rights of pro-life sidewalk counselors. The decision awards case plaintiffs nominal damages for the chilling of their sidewalk counseling and speech.

“This decision set a precedent that rogue governments may not recklessly trample on the fundamental rights of peaceful pro-life sidewalk counselors and then attempt to run and hide at the first sign of an adverse court judgement—a common tactic wielded against pro-lifers.”  reacted Michael McHale, TMS Senior Counsel. “We look forward to pursuing significant attorney fees against Westchester County for violating our clients’ rights and in continuing to eradicate similarly unconstitutional restrictions on pro-life speech in courts across the country.”