Protesting near someone’s house could land you in jail for 3 months under proposed Alabama law
Alabama state Sen. Arthur Orr, R-Decatur, has filed a bill that would prohibit protesting and picketing in certain areas at certain times, according to its text.
SB247 prohibits a person from “picketing or protesting at or near the residence of any individual with the intent to harass, intimidate, or disturb during the period starting 30 minutes after sunset and ending 30 minutes before sunrise.”
The bill does not define what proximity would be considered “near” and does not differentiate between private residences or public ones, like the governor’s mansion.
Under SB247, a residence is defined as “a building or structure, having a physical address or street number, that provides shelter in which an individual resides.”
The bill also prohibits the use of “artificial noise amplification to protest at or near a residence occupied or used by any individual” and protests that “block any public road, the [entrance or exit] of any residence, or the [entrance or exit] of any place of employment.”
The first violation of any of these policies would become a Class C misdemeanor, punishable by up to three months in jail and a $500 fine.
Any subsequent violations would become a Class B misdemeanor, punishable by up to six months of jail time and a $3,000 fine, the bill states.
It adds that “prior to making an arrest for a violation of this section, a law enforcement officer shall instruct the person who is picketing or protesting to immediately and peaceably disperse.”
SB247 also allows for counties and municipalities to adopt more stringent regulations regarding time frames and noise levels.
Its text states that violations of these regulations would receive the same penalties as those that are already provided for.
Efforts to reach Orr for comment were not immediately successful, but the bill states that nothing in it “shall limit a person’s freedom of speech or freedom to assemble in any public park or other similar traditional public forum.”
The bill is currently pending action in the Senate Committee on County and Municipal Government.
Orr has brought this legislation forward every year since 2022, and told WAAY 31 last year that he would have filed the bill again “regardless of the Perkins situation,” referring to the police shooting death of Stephen Perkins, a 39-year-old Black man, on his lawn in September 2023.
“That wasn’t the motivation at all,” said Orr.
After over a year of protests throughout Decatur, including some in front Mayor Tab Bowling’s house, former police chief Todd Pinion resigned last month following a review that concluded the police improperly charged residents with crimes.