NO. __________ IN THE Supreme Court of the United States NIKKI BRUNI; JULIE COSENTINO; CYNTHIA RINALDI; KATHLEEN LASLOW; and PATRICK MALLEY, Petitioners, v. CITY OF PITTSBURGH; PITTSBURGH CITY COUNCIL; MAYOR OF PITTSBURGH, Respondents. On Petition for Writ of Certiorari to the United States Court of Appeals for the Third Circuit PETITION FOR A WRIT OF CERTIORARI KEVIN H. THERIOT KRISTEN K. WAGGONER ELISSA M. GRAVES JOHN J. BURSCH ALLIANCE DEFENDING Counsel of Record FREEDOM DAVID A. CORTMAN 15100 N. 90th Street RORY T. GRAY Scottsdale, AZ 85260 ALLIANCE DEFENDING (480) 444-0020 FREEDOM 440 First Street NW LAWRENCE G. PALADIN Suite 600 PALADIN LAW OFFICES, PC Washington, DC 20001 15 Duff Road, Suite 6C (616) 450-4235 Pittsburgh, PA 15235
[email protected] (412) 244-0826 Counsel for Petitioners i QUESTIONS PRESENTED Petitioners are sidewalk counselors who engage in quiet, one-on-one conversations with women visiting an abortion clinic in Pittsburgh, Pennsylvania. A painted semi-circle extends 15 feet from the clinic’s door. Under the City’s buffer-zone law, the counselors may not speak—or even pray—in this zone because the City views Petitioners’ message of hope, personal concern, and assistance as advocacy or demonstra- tion. Yet the City allows others to speak face-to-face in the zone for nearly any other reason. Because the buffer zone burdens and disfavors the counselors’ speech, they sued. Confronting the City’s unmistakably invalid ordinance, the Third Circuit unilaterally construed the law to prohibit prayer or generic advocacy but to allow counseling. This exacerbated a 7-3 circuit split over whether federal courts have authority to limit state laws to avoid constitutional flaws.