City Council Meeting: January 8, 2008

Agenda Item: 7-C

To: Mayor and City Council 

From: Tim Jackman, Police Chief

Subject: Proposed Ordinance Restricting the Location of Targeted Residential Protests and Demonstrators’ Use Of Potentially Dangerous Sign Poles

Recommended Action

Staff recommends that the City Council approve on first reading the proposed ordinance which would:

1. require persons participating in a targeted residential protest maintain a distance of 50 feet from the targeted dwelling; and

2. limit the thickness of sign poles used by participants in all demonstrations to ensure that the poles are not used to cause serious injury in the event of physical conflict.

Executive Summary

In recent years, an increasing number of protests targeted at particular homes have occurred in residential neighborhoods in the region and in the City. These protests have had very adverse impacts on the targeted residents. Many jurisdictions have adopted local laws which establish buffer zones to protect the well-being of residents in their homes and also respect the First Amendment rights of demonstrators. The proposed ordinance would require that persons participating in a targeted residential protest maintain a distance of 50 feet from the targeted dwelling. Additionally, the proposed ordinance would address the risk that, in the event of violent confrontation, sign poles carried by protestors may be used as weapons. This risk applies in all types of demonstrations and has been clearly demonstrated in Los Angeles and other cities where sign poles have been used to strike others. To address this risk and preserve the First Amendment rights of demonstrators, the proposed ordinance would prohibit sign poles larger than a specified width.

Background

Targeted residential protests have occurred in several of the City’s residential neighborhoods. Demonstrators usually stand in groups outside the targeted home, yelling and chanting at the target and often making threats. The impact upon the targeted residents has been extremely adverse and particularly devastating in the case of residents who were elderly and infirm. In response to this form of demonstration, many jurisdictions, including Los Angeles, have adopted laws requiring that protestors maintain a specified distance from the targeted residence. Such requirements reduce the risk that targeted residents will become captives in their own homes, forced to endure the threats of a hostile group in a space where they should be able to enjoy tranquility. A number of such local laws have been challenged in court, and those decisions provide the guidance necessary to formulate a local policy which protects both residents’ and protestors’ rights.

At the same time, concerns have arisen about the use, by demonstrators, of sign poles which can readily be used as weapons in the event of physical conflict. Los Angeles adopted an ordinance regulating the width of demonstrators’ sign poles after such poles were used to strike police officers. The courts have upheld such restrictions so long as they preserved the ability of demonstrators to use signs.

Discussion

The proposed ordinance would address these two concerns, without limiting the content of speech or unreasonably restricting expressive activity. The proposed buffer zone of 50 feet for targeted protests would ensure a reasonable distance between protesters and the targeted dwelling. And, it would also ensure that protestors would be close enough to communicate their views to their intended audience. Thus, their First Amendment rights would not be unreasonably limited. In most cases, this distance requirement would mean that the protest would occur on the sidewalk across the street from the residence.

The limitation on the width of sign poles would not affect demonstrators’ First Amendment rights. They would still be able to carry signs and hold them high enough to reach their intended audience. However, the limitation on width would ensure that the sign pole could not be used to seriously injure a police officer or other person.

Financial Impacts & Budget Actions

Approval and adoption of this ordinance would have no budgetary or financial impact.

Prepared by: Marsha Jones Moutrie, City Attorney

Ordinance

Approved:	Forwarded to Council:
Tim Jackman Police Department	P. Lamont Ewell City Manager