Minutes 06-21-2022 Business Meeting

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14 Recent changes to North Carolina law provide that when a local ordinance involves a potential criminal penalty, the ordinance may not be adopted at the meeting at which it is first introduced. Such an ordinance may only be adopted at the next regular meeting following its introduction. Because one potential penalty of this ordinance is trespass, which is a statutory misdemeanor, this ordinance may only be adopted at its second reading. First reading for this proposed ordinance occurred at the Board's June 7, 2022 Business meeting. John Roberts said this is the fifth time this has been on an agenda for the Board to discuss. He said that each time it has gotten smaller, and he recommends that it get a bit smaller tonight. He said it would prohibit protests on school property when there are students present for any purpose. He said that there are three types of public forum as it relates to government property. He said the traditional public forum, limited public forum, and nonpublic forum are the types. He said that in a traditional public forum, the government may not regulate speech and gave the example that the courthouse steps or the lawn around the courthouse would be places where speech could not be regulated. He said that a limited public forum is a government property that has been specifically designated for freedom of expression but is subject to certain kinds of limitation, either time, place, and manner, or event content, but it has to be very narrow. He said that the Eno Arts Mill would be an example of this type of property with artists having political works. He said that a non-public forum is something that is not traditional or limited, or a designated area. He said that an example would be government offices, the jail, public schools, and things like that. He said that the Supreme Court has said that a government may place limits on spaces that are non-public forums, which is what school properties are. Chair Price said she should have prefaced this by saying that this was brought to the Board by residents, so the Board is responding to those concerns. John Roberts said that the recommendation for a change with the words "vigil" and "observation." He said those were left over from sample ordinances from other jurisdictions but does not fit the legal definition for the use of those words. He said that his recommendation is to change the definition of picketer/picketing to the activity or circumstance whereby one or more persons gather together for a common purpose for a protest or demonstration which primarily promotes or objects to a person, policy, political candidate issue or action. He said that is the only specific change that he recommended. He said that he notified the Board earlier that when he was reviewing other buffer regulations that the county has developed by ordinance that the 1,000 feet that was requested by the school board does seem extremely lengthy. He said that the next closest buffer regulation is 150 yards or 450 feet. He recommended the Board consider another distance. Chair Price said she received an email from Patrick Abele, and he said 1,000 feet is the distance for registered sex offenders. Commissioner McKee said going back to the definition, one person may be considered a picketer. John Roberts said it could be. He said that there was originally a minimum number and the Board discussed that a minimum was not needed. Commissioner McKee said that "any common purpose" is pretty broad. He said that removing "vigil" and "observation" leaves protest, demonstrations, or other action. He said that his other issue is with "or other action." He asked the attorney to define "other action." John Roberts said he removed that in his recommendation because it was subjective. Commissioner Greene said that she does not see the new recommendation in the attorney portal or the other email. John Roberts said that the recommendation is what he just read and that he sent an email that contained the language.