Agenda - 11-15-2022; 8-a - Minutes

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12 1 consideration. At the June 2, 2022 work session, the Board determined to move forward with 2 an ordinance prohibiting picketing on School Property. At the June 21, 2022, Business meeting 3 the Board determined the ordinance would be brought back at its meeting in October. The 4 agenda materials for each prior discussion may be viewed at the links above. 5 6 Pursuant to the Board's prior discussions and input, the County Attorney revised the draft 7 ordinance which generally provides as follows: 8 9 Only covers Picketing conducted on, or within a yet-to-be-determined number of linear 10 feet of, School Property and Public Playgrounds including on any public right of way 11 within that distance; 12 13 Recent changes to North Carolina law provide that when a local ordinance involves a potential 14 criminal penalty, the ordinance may not be adopted at the meeting at which it is first introduced. 15 Such an ordinance may only be adopted at the next regular meeting following its introduction. 16 Because one potential penalty of this ordinance is trespass, which is a statutory misdemeanor, 17 this ordinance may only be adopted at its second reading. Due to the multiple substantive 18 revisions requested by the Board at prior meetings, the County Attorney recommended this item 19 be reconsidered at a new first reading. If, at this first reading, the Board determines to move 20 forward with this ordinance, the second reading will occur at the Board's October 18, 2022 21 Business meeting. 22 23 John Roberts reviewed the background information for the item. He said one of the items 24 left open at the last meeting was the buffer area from the schools. He said he suggests a 50 ft. 25 buffer from entrances to the school property. He said that would accomplish the goal of keeping 26 it away from students. He said the Board also should discuss the limit on the number of people 27 and he would suggest adding language along the lines of "this ordinance does not apply to 28 those that have appointments with teachers or staff." He said he has clarified at previous 29 meeting that all rights within the Bill of Rights are subject to reasonable restrictions; even 30 speech. He said that protests and demonstrations are not currently allowed and that this 31 ordinance would simply extend that to the entrances and into the public right of way. He said 32 this would not do anything the school board cannot currently do except extend it into the public 33 right of way. 34 Monique Felder, Superintendent of Orange County Schools, addressed the Board. She 35 said that Orange County Schools teachers, students, and staff had an up close encounter with 36 those expressing their First Amendment rights. She said that they support the First Amendment 37 and those expressing their rights but hold exception to those that are doing so in very close 38 proximity to students and staff. She said specifically, those that are in the NCDOT right of way. 39 She said that after the traumatic event last fall at their school, the school board and she 40 received a lot of feedback from students and staff. She read comments they received after the 41 protest at Orange County Schools last fall: 42 "1 felt afraid. Afraid for you, for me, our students and our staff. I want to comfort my 43 students and reassure them that I will be able to care for them. After this experience, 1 44 am not able to offer my students that reassurance for their safety. I cannot believe they 45 were allowed to be so close to our school, even with a non-violent protest. Knowing that 46 they are easily able to access our campus without repercussions makes me fearful of 47 school-related violence. I personally felt very unsafe. I would just like to say that the 48 protesters made me feel very unsafe at school. I was worried that something might 49 happen where I, or other people, would be injured. I felt threatened by their gathering, 50 yelling, their sign holding so close to the school. I wanted you to know that the students 51 do not feel safe knowing that a group can post up, in large numbers, outside of the