Walnut Creek Approves “Sound Amplifier” Ordinance Around Planned Parenthood

On Tuesday, the Walnut Creek City Council approved a “sound amplifier” ordinance around Planned Parenthood in a 5-0 vote.

The goal was to help reduce noise and harassment near a Planned Parenthood facility on Oakland Boulevard after its “buffer zone” ordinance was not working according to staff. Between January 1, 2020 and March 2024, Walnut Creek Police received approximately 79 calls for service.

The amplified sound ordinance amendment includes:

• Prohibits the use of sound amplifies within 100 feet of the doorway entrance to the Planned Parenthood facility.
• Sound Amplifier: “any mechanical or electronic device that can increase the volume of a sound beyond that of a conversational speaking voice”

Under the ordinance, the city may take criminal enforcement action or civil enforcement.

During Council Discussion:

Councilmember Kevin Wilk called it something they see in the news on a national level and have had to deal with in Walnut Creek. He said they gave time for the original ordinance time to work and see if the protesters would abide by that buffer zone or try to skirt the ordinance and using other methods—such as noise.

“Over the past two years, we have seen repeated uncivil behavior by protesters trying to disrupt doctors, nurses, patients attempting to exercise their rights under California State law. Over the last 9-months, I’ve gone to Planned Parents facility a couple times to see what is going on there and what I have seen before people realize who I am, is blocking when people pass that signs are being shown of vile pictures. When someone pulls into the driveway or walking by, they are immediately spoken too.”

Wilk also shared there was an intimidation factor there with 5 or 6 protesters there.

“Its intimidating, its probably the worst day in somebody’s life and some of these people are not the ages of people who are in this room. Some of these people are young teenagers who have come from out of state because their states have now outlawed reproductive services and in some case discussions,” explained Wilk. “Thankfully Walnut Creek and California has made this right something they can come to.”

Wilk said this was not about Freedom of Speech, but when people are coming to this area they are easily heard through car windows—which he said he was 50 feet away behind them and still heard them.

“Protesters at Planned Parenthood are now pushing every boundary because they think they can get away with it because they don’t respect the rights of patients, even when behind closed doors,” stated Wilk. “I wholeheartedly support this amendment to our ordinance.”

Councilmember Matt Francois stated adopting the ordinance would be consistent when they adopted the buffer zone. He said 40% of the incidents relate to noise while the ordinance provides clear lines. He also added the ordinance still allows for Freedom of Speech but limits the use of a megaphone in a threatening manner.

Mayor Pro Tem Cindy Darling said things have gotten more dramatic since their original ordinance. She says she goes by on a regular basis and has seen what has been going on which included “ugly tirades” and she was at a point where she had no patience with this.

“We hoped had solved this and hoped this would be a place where you could have civil conversations but I am in favor of supporting the ban on amplification,” said Darling.

Mayor Loella Haskew said there are so many other reasons than abortion for people who go to Planned Parenthood such as guidance and education. She said she was disappointed it came back before the council hoping it would be done and over with after the buffer zone, but it was not working.

“I am also going to support this,” said Haskew.

The council then voted 5-0 in favor and the ordinance will go into effect in 30-days.

Staff Report & Presentation:

Walnut Creek Assistant Attorney Alexandra Wolf presented the ordinance to the city council explaining Walnut Creek amended its municipal code on April 5, 2022 (access to reproductive health care facilities) which prohibited protesters from gathering within 8 feet of Planned Parenthood doorway entrances or obstructing access to and from facilities.  And again, on March 7, 2023 (Ordinance restrictions—based on specific rights on the US Constitution and California Constitution).

There has been ongoing use of sound amplifiers by protestors around the Planned Parenthood facility located at 1357 Oakland Blvd. in Walnut Creek and recommend City Council take specific action to amend the Ordinance to address this ongoing disruption to patients and employees at the facility.

Walnut Creek says overall, individuals have been forced to face harassing, intimidating and obstructive behavior from protestors when attempting to enter and exit the Planned Parenthood facility. Since mid-November 2021, WCPD has increased patrols in the area of the City where Planned Parenthood is located and continued to monitor the situation.

Between January 1, 2020 and March 2024, WCPD received approximately 79 calls for service, which WCPD determined to be protest-related, for incidences on and in front of the Planned Parenthood property. These calls for service, 36 of which took place after adoption of the Ordinance, included, but were not limited to, calls for service regarding protestor obstruction of walkways, harassment, intimidation, and physical altercations, which all impact a patient’s ability to safely access reproductive health care services.

Wolf said the effects of noise includes:

• Creation or exacerbation of patient health issues
• Increases levels of stress
• Increases anxiety
• Increased heart rate
• High blood pressure

According to the staff report:

Between 2020 and 2024, 11 calls for service to WCPD identified disruptive noises made specifically by sound amplifying devices, including megaphones, bullhorns, loudspeakers, and microphones:

1. On October 6, 2020, an individual reported that a protestor was using a megaphone outside of the Planned Parenthood facility;
2. On July 2, 2021, an individual reported that protestors were playing loud music outside of the Planned Parenthood facility;
3. On June 7, 2022, an individual complained of the use of a sound amplification device by a protestor engaging in a loud argument;
4. On August 26, 2022, WCPD received a video of protestors taken by a member of the public in which the protestor was using an amplified sound device in front of the Planned Parenthood facility;
5. On December 16, 2022, an individual reported that a protestor was outside of the facility with a megaphone being very loud;
6. On March 3, 2023, an individual reported that protestors were using amplified noise, including blowhorn speakers, etc.;
7. On March 17, 2023, an individual reported that 4 to 5 protestors were outside of the facility with amplified noise, and that those protestors stopped a vehicle trying to enter the parking lot to the Planned Parenthood facility;
8. On May 2, 2023, an individual reported that someone had a loudspeaker on the sidewalk in front of the Planned Parenthood facility;
9. On April 14, 2023, an individual reported that protestors were using some sort of amplified microphone that the reporting party could hear inside of the Planned Parenthood facility;
10. On April 28, 2023, an individual reported that 5 to 6 protestors were using a loudspeaker and microphone in front of the Planned Parenthood facility;
11. On September 22, 2023, an individual reported that a protestor was being aggressive with a microphone in front of the Planned Parenthood facility.

Upon each call to WCPD, officer(s) immediately responded to the matter, but were not able to independently observe and verify the noise disruptions around the Planned Parenthood facility.

Planned Parenthood explained that, between April 2022 and April 2023, they documented 138 incidences with protestors at the Planned Parenthood facility, of which “Megaphone” was mentioned 42 times during the date range, and “Microphone” was mentioned eight times during the date range. The letter from Planned Parenthood explained that the noise produced by protestors outside of the facility creates an excessive disturbance and can often be heard from inside the exam rooms within the facility.

Ordinance Amendment

In order to address the negative effects caused by noise disturbances in and around the Planned Parenthood facility through the use of sound amplifiers, and to protect a patient’s fundamental right to access reproductive health care services guaranteed by the U.S. Constitution and Constitution of the State of California, staff recommend the adoption of a restriction on the use of sound amplifiers around the Planned Parenthood facility.

The City of Sacramento recently adopted a restriction on sound amplifiers within 100 feet of the property line of a reproductive health care facility. Staff recommend adoption of a similar restriction in the City by amending Chapter 4.16 (Access to Reproductive Healthcare Facilities) to establish a restriction on the use of sound amplifiers around the Planned Parenthood facility.

Staff recommend limiting the restriction to the Planned Parenthood facility, rather than all reproductive health care facilities in the City, because staff are not aware of any ongoing amplified sound disruptions at other reproductive health care facilities in the City.