On Thursday, the Alabama Senate Veterans and Military Affairs Committee voted to advance legislation prohibiting protests and picketing outside individual residences.
Senate Bill 199 is sponsored by State Senator Arthur Orr (R-Decatur).
Orr said that this legislation was inspired by the protests outside of Justice Brett Kavanaugh’s house following the release of a draft opinion overturning the Roe v. Wade decision.
Orr said, “Protesters come out to the house and protested on the sidewalk with bullhorns and created a nuisance.”
Orr said that he felt that the state of Alabama did not want that, so he drafted legislation to ban such tactics.
“I showed it to Judiciary Chairman [Will] Barfoot, and he had some ideas,” Orr said.
Sen. Will Barfoot said, “No person at or near a person’s residence. I think that is pretty vague. I think we need to tighten that up.”
Sen. Andrew Jones is the Chairman of the Senate Veterans and Military Affairs Committee.
The synopsis states, “This bill would prohibit a person from picketing or protesting at or near the residence of any individual intending to harass or intimidate. This bill would require law enforcement officers to ask a person who is protesting to peacefully leave the premises before placing that person under arrest.”
This offense would be a class C misdemeanor. If local law enforcement can’t or won’t enforce this statute, it authorizes the Alabama Law Enforcement Agency to do so.
This legislation would allow municipalities or counties to adopt ordinances or resolutions to regulate the time and noise level of any picketing or protesting in a residential area and provide criminal penalties for violations.”
The committee voted to give SB199 a favorable report. It could be considered by the full Senate as early as Tuesday.
While the protests outside of Supreme Court Justices’ homes made national news, there have been instances of protests outside of individual residences in Alabama. Protesters protested outside the home of Hoover Mayor Frank Brocato following the shooting of Emantic “E.J.” Bradford Jr. in the Galleria Mall by a Hoover police officer.
In the case of the Supreme Court Justices, legal experts generally agree that targeted, stationary protests outside of a justice’s home are already prohibited under federal law — an effort to protect judges from undue pressures or influence. U.S. Sen. Katie Britt and other Republicans maintain that the Biden administration ordered the federal marshals to protect the judges but not to remove the protestors.
Tuesday will be day 11 of the 2023 Alabama Regular Legislative Session. The Alabama Constitution limits the Legislature to no more than thirty legislative days during a regular session.
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