The Alabama Senate approved a bill Tuesday that would restrict picketing and protesting at residences.

SB 199, sponsored by Sen. Arthur Orr, R-Decatur, makes it a misdemeanor to “harass, intimidate, or disturb” a person at a residence through protesting. The bill passed 32-0.

“Now this is a bill that came noticing the situation in, I guess, northern Virginia where there’s a lot of picketing at people’s residences and I see a potential for a problem as our society moves forward with social media able to gather crowds,” Orr said on the floor.

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The Supreme Court marshal last year asked the governors of Virginia and Maryland to enforce laws against picketing Supreme Court justices after protestors began picketing their homes following the leak of the draft opinion in Dobbs v. Jackson Women’s Health Center, which overturned federal abortion protections.

Orr said that the crowds might gather outside the homes of not just public officials but the homes of attorneys and others, as well.

Law enforcement officials must ask protestors to leave. Protestors who refuse to leave could be charged with a Class C misdemeanor, punishable by up to three months in jail. Subsequent violations would be Class B misdemeanors, increasing potential jail time to six months.

The law does not distinguish between private and public residences, such as the governor’s mansion.

Municipalities and counties can adopt further regulations and ordinances.

Sen. Rodger Smitherman, D-Birmingham, added an amendment that would allow for protests and pickets “near” residences, just not “at” them. The amendment also requires law enforcement to give protestors a “reasonable period of time to follow instructions” after being asked to leave. The amendment also requires that any local regulations be “reasonable.”

After the Senate adjourned, Smitherman said that the amendment reestablishes the First Amendment, the Equal Protection Clause and the fact all citizens have the right to be on a public street.

“So, it was a great compromise and the amendment just established the fact that you do have a right to be on public property and subject to what other restrictions that already exist in those cities,” he said.

The bill moves to the House of Representatives.

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