Lawmakers in Nassau County, New York, are pushing a measure to make it illegal to stand within 15 feet of police officers or other first responders during an emergency, although critics of the proposal argue that it is unconstitutional.
People who enter the “buffer zone” for first responders during an emergency would face a misdemeanor charge and a $1,000 fine along with the possibility of up to a year behind bars, according to the bill introduced by the county Board of Legislators.
The measure seeks to protect first responders from “threats, harassment, and physical interference,” lawmakers say.
“It is important that first responders are not obstructed during emergency situations and that our frontline heroes are allowed to engage in the lifesaving actions they are trained to perform without distractions,” legislator John Ferretti, a Republican, told the New York Post.
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State law already subjects people who interfere with first responders to up to a year in jail, three years of probation or a $1,000 fine.
The new bill was introduced by Republicans but has garnered support from some Democrats, according to the newspaper.
“Our cops and first responders shouldn’t have to fight crowds while they’re saving lives,” Democrat legislator Seth Koslow, who is running for county executive, told the New York Post. “This bill gives them the authority to keep chaos out and do their jobs without interference. It’s backed by both parties — because protecting those who protect us shouldn’t be political.”
Despite the bipartisan support among lawmakers, critics say the bill goes too far and could be abused to curb people’s constitutional rights.
“Floating buffer zones offer yet another way for police to keep their activities hidden from public scrutiny,” New York Civil Liberties Union senior policy counsel Justin Harrison told the New York Post. “Laws that make it harder to monitor the police don’t make anybody safer — in reality, they violate the Constitution, run counter to government transparency principles, and foster distrust in law enforcement.”
Some other states have passed similar laws that were later struck down by the courts.
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Louisiana passed a law last year prohibiting people from being within 25 feet of police after being told to back up. But last month, a federal judge blocked the measure, finding that it violated the 14th Amendment’s due process regulations and could infringe on journalists’ press freedoms guaranteed by the First Amendment that grants them the right to film officers.
Similar laws in Arizona and Indiana have also been blocked by federal judges.
“We expect that Nassau’s law, if passed, will meet the same fate,” Harrison said.
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