Hulinsky v. County of Westchester

In November 2022, Thomas More Society filed a federal lawsuit on behalf of pro-life sidewalk counselors Regina Molinelli and Oksana Hulinsky against the County of Westchester, New York. TMS challenged multiple provisions of Chapter 425 of the Laws of Westchester County that criminalized peaceful pro-life speech outside abortion facilities, including an eight-foot "floating bubble zone" and an "implied request to cease" provision requiring sidewalk counselors to discern unspoken thoughts or face criminal prosecution.

The floating bubble zone made it illegal to "approach" within eight feet of anyone within 100 feet of an abortion facility entrance. TMS attorneys argued this was a classic content-based restriction on speech. Facing litigation, the Westchester County Board of Legislators voted on August 7, 2023, to repeal the bubble zone provision. Thomas More Society continued challenging the remaining provisions, including the vague "implied request to cease" standard.

County counsel admitted that merely "walking around" a counselor could constitute an implied request to stop, that a "blank stare" presented a "close question," and that taking "a few steps" could qualify as criminal "following." TMS argued this violated the First Amendment by providing no fair notice of prohibited conduct and chilling protected speech. The law also imposed criminal penalties including jail time plus civil liability for triple damages. Additionally, Westchester County could not identify a single instance of unlawful harassment by pro-life advocates on public sidewalks, yet enacted a sweeping criminal ban explicitly targeting sidewalk counseling.

On August 18, 2025, a federal district court ruled that Westchester County violated the First Amendment rights of pro-life sidewalk counselors, holding that portions of Chapter 425 "criminalized large swaths of protected speech." The court awarded plaintiffs nominal damages but declined to strike down the "implied request to cease" provision.

On January 27, 2026, Thomas More Society filed an opening brief in the U.S. Court of Appeals for the Second Circuit, asking the court to invalidate the "implied request to cease" provision and other remaining restrictions. The outcome will have significant implications for free speech rights of pro-life sidewalk counselors, addressing whether the government can criminalize speech based on unspoken, subjective interpretations of body language and silence.