GOP lawmakers are backing legislation they say protects first responders from harassment while Democrats fear it could be weaponized against peaceful protesters and observers.
Senate Bill 104 would allow police officers and other first responders to order a 25 foot buffer zone between them and the public. The measure passed the House on Wednesday, and if the Senate consents to a small change, it will head to the governor’s desk.
In a heated debate, several Republican lawmakers insisted the bill wouldn't interfere with First Amendment rights. The legislation would require that a person whom officers believe is obstructing, threatening or harassing them to back up at least 25 feet after the officer orders them to do so. “Harass” is defined in the bill as conduct that causes “substantial emotional distress” to a first responder.
If the person fails to do so, they are guilty of escalating penalties — on the fourth offense, it becomes a felony.
“This bill is not designed to punish ordinary people,” said GOP Rep. Wade Williams of Earlington, who carried the bill in the House. “It's designed to deter repeated and intentional interference with emergency personnel that we have witnessed through professional responders, most first responders have witnessed situations where emergency scenes have become crowded, emotional and even confrontational.”
Rep. Joshua Watkins, a Louisville Democrat, said he believes most first responders would not abuse the authority, but that some would. Watkins said he has personally experienced situations where police reports don’t reflect reality and independent observers are essential.
“The vast majority of law enforcement professionals go to these instances and have these experiences, and they try to do a great job every day, maybe not even knowing if they're going to come home at night,” said Watkins. “But then there are also those experiences where, if it wasn't for a recorded action, something that gets written on a police report is completely different from what has actually happened. And I've seen it myself. I've experienced it myself.”
Some lawmakers also warned that the bill could interfere with the ability of the press to cover officers in the course of their duties.
There was some disagreement on the floor over whether the bill would apply to federal agents — according to the original sponsor, Sen. Matt Nunn of Sadieville, it would, including federal immigration officers.
Interactions between immigration officials and civilians trying to record them or warn their neighbors of enforcement activity have increasingly swamped social media. Videos showing federal officers trying to take phones or stop people from recording immigration enforcement have widely circulated. Lawsuits over immigration officers' treatment of protesters and civilians in Minnesota and elsewhere argue federal officers are routinely violating constitutional rights.
Democratic Rep. Adam Moore of Lexington attempted two floor amendments, both of which failed. One would have exempted those peacefully recording or observing enforcement activity without obstructing officers. The other would have ensured that a person couldn’t be charged if an officer initiates contact with the person to “create, escalate, or manufacture a violation.”
“I do think that we are being naive and optimistic if we don't think that there is potential for federal actors, those outside our state, to come here and cause some of the chaos that we saw in other states that, again, are nowhere near the border, but are in the heartland of America,” Moore said. “In defense of our constitutional rights that we've been blessed with by our Creator, I’m going to vote no on this today.”
They all failed on party line votes. Williams said the amendments would have watered down the legislation.
Now that it has passed the House, it will need to return to the Senate for concurrence with the one floor amendment successfully added to the bill. The piggyback amendment would allow rescue squad members to participate in a wellness and professional development program currently set up for firefighters.
