Lopez v. City of San Diego — 9th Cir. (Oct 29, 2026)
Roger Lopez challenges San Diego's restrictions on sidewalk counseling near abortion clinics before the Ninth Circuit. He describes that counseling as offering pregnancy resources and alternatives to abortion to people entering clinics. The ordinance limits certain approaches within eight feet without consent, within one hundred feet of covered facilities, and separately regulates harassment and noise. Lopez says those rules chill peaceful conversations; the city says they protect access, not suppress a message. The district court dismissed his lawsuit before trial, relying on Hill v. Colorado, which upheld an eight-foot consent requirement near healthcare entrances. Lopez argues that San Diego's additional restrictions and employee exemptions make this case different. His facial challenge attacks the ordinance itself, rather than a particular enforcement. Listen especially to the noise rule: does offensive describe sound, or can it reach words because a listener dislikes the message? Michael McHale, of the Thomas More Society, will argue for Lopez; Matthew Zollman will defend the ordinance for the city.
Lopez v. City of San Diego (No. 25-2162) — U.S. Court of Appeals for the Ninth Circuit, argued October 29, 2026.
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