4.9.08 PEN

Pro Life Picketers Must Reduce Bloody Fetus Signs and Keep Moving with SB08-192

Pro Life advocates picketing residential neighborhoods, who have thrown fetus dolls onto neighborhood yards and sent threatening letters, will have to reduce the size of their mutilated fetus picket signs if SB08-192 gets through the House of Representatives. The bill, already passed by the Senate, cleared its first hurdle in the House when the Judiciary Committee, after substantive debate on 1^st amendment and privacy rights, came down for privacy in your own home.

Bill highlights tension between 1st amendment and personal privacy

Representative Amy Stephens(R) stated that this bill is the most difficult for her in this session because of the tension between protecting the 1^st amendment and ensuring peace and safety in your residence. Representative Terrance Carroll(D), who initially intended to oppose the bill, cited Justice Sandra O’Connor in changing his mind: “That we are often captive to objectionable speech outside of the privacy of our homes doesn’t mean that we should be captive everywhere.”

Bill provides relief for neighbors suffering constant harassment

The bill provides relief for neighborhood residents who have been subject to extensive picketing against other neighbors who are involved in pro choice issues for one reason or another. One neighbor testified that he lived next door to an executive of a construction company that was building a new Planned Parenthood clinic in Denver. The whole neighborhood has been subjected to images of bloody, mutilated fetuses on huge signs, murder vans driving through the neighborhood, threatening letters, and fetus dolls tossed onto front yards.

Colorado Right to Life wants 4 x 6 signs

Bob Enyart, board member of Colorado Right to Life, stated that a rogue picketer was responsible for the letters and the fetus dolls and that his group supports the bill if the size for picket signs is set at 4 feet x 6 feet. The bill sets sign size at 2 feet x 3 feet. An amendment allowing more flexible sign size was defeated. Colorado Right to Life wants the 4×6 sign size because that is standard in picketing across the country.

Representative Claire Levy(D), who sponsored the amendment to allow larger sign size, stated that if picketing is allowed, then based on the 1^st amendment, signs need to be large enough to communicate the message. According to the bill, people must also carry the signs while in continuous movement; people may not sit in lawn chairs and hold signs as they have done at some picketing sites.

Neighbors feel under attack

Probably the strongest argument in favor of the bill came from neighbors who talked about their young children having to face offensive signs and language. Picketers confronted parents and their children as they attempted to get into their cars or do work on their homes. The “murder vans” would drive around the neighborhood.

Representative Stephens asked Peg Ackerman, speaking for the County Sheriffs, if this picketing resembled domestic violence in its intensity and danger. Ms.Ackerman responded, “These situations are extremely emotionally charged with people getting into heated arguments. It’s definitely a problem for the participants in the argument but also for law enforcement.”

Right to Life argued that much of the trouble in these situations should be handled by enforcing local ordinances against trespassing. Neighbors who testified replied that sheriffs are reluctant to enforce trespassing because of 1^st amendment issues. City Councils are reluctant to pass ordinances prohibiting these types of picketing because of the cost of litigating the cases.

Privacy sentiment sways legislators

Representative Stephens summed up the sentiment of legislators on the Judiciary Committee: “I’m moved by the neighbors and what they’ve gone through. I don’t care what the issue is – abortion or war. I think we have an interest in ensuring that residents have a right to enjoy their residences.” Representative Steve King(R) reinforced the view: “If we don’t protect innocent non combatants from being terrorized, then we shouldn’t be here.”

The bill passed the Judiciary Committee unanimously.

Tags: Colorado first amendment rights, Colorado right to life, colorado state legislature, first amendment under attack, privacy rights in Colorado, privacy rights under attack

This entry was posted on Wednesday, April 9th, 2008 at 7:35 pm and is filed under News. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.