The Biden administration has intensified its focus on enforcing the Freedom of Access to Clinic Entrances (FACE) Act, a federal legislation aimed at safeguarding reproductive rights. This move comes amid escalating violence against abortion providers and clinics following the Supreme Court's decision to overturn Roe v. Wade. In Charlotte, the A Preferred Women’s Health Center has emerged as a flashpoint, facing an estimated 15,000 to 30,000 protesters annually. Recent weeks have seen an uptick in aggression and hostility from protesters, with some attempting to trespass on clinic property. Last year, the clinic received a bomb threat, which was initially investigated by the FBI before being transferred to a state agency—a decision that left clinic workers feeling unsupported.
The FACE Act, designed to protect access to reproductive health services, has faced criticism and challenges, particularly under the Trump administration. Former President Donald Trump criticized the act and pledged to roll back its provisions during his campaign. His administration pardoned 23 individuals convicted under the FACE Act for offenses such as harassing pregnant patients and breaking into clinics.
“You have a Justice Department that has actually come out and said they will not enforce it unless there’s grave harm. It shouldn’t take someone being murdered for the federal government to enforce a law that makes people safe.” – Julie Burkhart
The National Abortion Federation has reported alarming increases in clinic-related incidents since the repeal of Roe v. Wade. Obstructions of clinic entrances have surged by 538%, stalking of clinic staff by 913%, and bomb threats by 133%. Despite these numbers, clinic workers feel isolated in their efforts to maintain safety due to insufficient enforcement of the FACE Act.
“If we’re not going to have the enforcement of the FACE Act and our federal law enforcement officials will have their hands tied, it makes us feel like we’re swimming out here all alone and we’re sitting ducks,” – Julie Burkhart
Julie Burkhart, an advocate for reproductive rights, reflects on the current climate surrounding clinic safety and enforcement of the FACE Act.
“I got to see up close what not having the FACE Act was like, all of the chaos and disruption,” – Julie Burkhart
“It’s easy to forget history and why we have certain things in place.” – Julie Burkhart
Clinic escorts face additional challenges as they navigate this increasingly hostile environment. Some escorts report difficulty in fully trusting law enforcement due to personal ties between officers and protesters. This complex dynamic further complicates efforts to ensure safety for both patients and staff.
Calla Hales, a representative from A Preferred Women’s Health Center, expresses concern over the potential repercussions of discussing these issues openly.
“I’m trying to figure out what I can tell you that’s not gonna get me shot by an ‘anti.’” – Calla Hales
The high threshold for federal crimes under the FACE Act makes securing convictions challenging, leaving clinics with limited recourse. The Justice Department's announced stance of only enforcing the act in cases of "grave harm" has sent a concerning signal to providers.
“It’s a really frightening message to providers that the government is not going to make a lot of effort to keep them safe,” – Fowler (from NAF)
Winnie, a clinic escort, notes the emboldenment among protesters following Trump's pardons, creating an environment where intimidation tactics persist unchecked.
“Of course they were all really empowered and excited that their friends get to come home, and they were really excited to learn that now they can continue intimidating our patients and feel no repercussions,” – Winnie
