ACLU: Huff's Protest Buffer Bill is Unconstitutional

A bill that would prohibit protests within 300 feet of any school in Baltimore County is being called offensive and unconstitutional by the American Civil Liberties Union of Maryland.

"This bill is flagrantly unconstitutional and frankly offensive," said David Rocah, a staff attorney for the Baltimore-based civil liberties organization. "The idea that students need to be protected from political free speech is about as offensive an idea as I can think of. I think Councilman [Todd] Huff ought to be ashamed."

The bill, introduced March 18 by Huff, a Timonium Republican, would prohibit any protests within 300 feet of any public or private school in Baltimore County.

If passed, protests would be prohibited during school hours or within one hour before or after school hours. It would also be illegal to block or prevent the use of public streets, sidewalks or other spaces while protesting. Violators would be subject to a fine of $1,000 or up to a 90-day jail sentence or possibly both.

Attempts to reach Huff were not immediately successful, but in a March 18 interview, the councilman said the bill was Constitutional.

"It's been through two law offices," Huff said.

Rocah countered, "The Supreme Court has never upheld a buffer zone like this, ever."

"The largest was eight feet," Rocah said.

"I don't think there is any governmental or public interest served in keeping protests a football field away from a school," Rocah said.

The motivation behind the bill is not clear. Huff, in a previous interview, said the bill was not in response to any one particular protest or group.

"It's another layer of protecting our kids," Huff said on March 18. "That's it, the bottom line is it's all about protecting our kids."

The introduction of the bill, however, came about a month after three members of the Center for Bio-Ethical Reform held a protest on the sidewalk outside Dulaney High School. The protest was peaceful and lasted about 40 minutes, according to police reports.

The high school is in Huff's district.

It's not the first time anti-abortion protesters have set up outside a county school. In February 2012, two men belonging to an unidentified group stood on public property outside Perry Hall High School holding anti-abortion signs.

In that case, the protesters had a permit and did not interact with students or prevent them from entering the building.

"What this is about is abortion protesters carrying signs that to some can be offensive or disturbing, but that is not a Constitutional reason for prohibiting these protests," Rocah said.

"Speech that doesn't arouse anger needs no Constitutional protection," Rocah said. "Speech that does arouse anger or discomfort is, by definition, speech that is and should be protected."

Police and school officials said that protests outside schools are few and do not generally pose a threat to students or employees.

"We get protests near our schools every now and again, in recent years either from a group that protests against abortion or—a few times in the past several years—from the people associated with Westboro Baptist Church," Charles Herndon, a Baltimore County Public Schools spokesman, wrote in a email response to questions. "I believe we have had about three protests from pro-life anti-abortion groups this school year."

"However, school staffs understand that such groups must remain off school property and should not interfere with school operations or arrival or dismissal; the groups have generally done so," Herndon wrote.

Elise Armacost, a spokeswoman for the Baltimore County Police Department, said police respond on average to about five protests annually outside schools.

"They're usually anti-abortion protests," Armacost wrote in a email response to questions, adding that "The protests are disruptive and the images disturbing, no question. But no arrests nor physical danger."

Rocah said that the suggestion that the bill is about protecting students is "ridiculous."

"The notion that children need to be protected from political speech is really offensive," Rocah said. "They need to be exposed to that. It's fundamental to our form of democracy."

The bill is so broadly drawn that it also bans students or teachers from protesting outside the school, Rocah said.

"It bans every protest," Rocah said.

Huff, earlier this month, said banning student protests was unintentional.

"But when was the last time you saw a school child protest at a school?" Huff asked a reporter at the time. "Personally, if it's a student picketing, I don't have a problem with it."

Students at Perry Hall High School, including members of the boy’s varsity soccer team, protested a decision by school officials to cancel the team's season in 2011 after the team performed the "Bernie Dance" following a game.

A hearing on the bill is scheduled for April 9. A final vote is scheduled for April 15.