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An ordinance amending Chapter 11.12 of the Metropolitan Code of laws to create buffer zones to maintain public safety around public buildings and parking lots.
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WHEREAS, the First Amendment protects the right to express oneself on the public square and other traditional public forums; and
WHEREAS, maintaining public safety is also essential;
WHEREAS, a content-neutral time, place, and manner restriction on a traditional public forum is permissible if (1) it serves a significant government interest; (2) it is narrowly tailored to that interest; and (3) it leaves open adequate alternative channels of communication for the information. Contributor v. City of Brentwood, Tenn., 726 F.3d 861, 864, 2013 WL 4081905 (6th Cir. 2013);
WHEREAS, physical segregation of potentially hostile groups can be the least-restrictive method of securing the government’s interest in the prevention of potential violence. Reform Am. v. City of Detroit, Michigan, 37 F.4th 1138, 1157 (6th Cir. 2022), cert. denied, 143 S. Ct. 448 (2022);
WHEREAS, the proposed amendment to Chapter 11.12 serves the government interest of maintaining public safety, is narrowly tailored to ensure that public facilities remain accessible to the public, and leaves open adequate alternative channels for communication, including next to the reasonable space required to allow persons to enter and exit from the premises of a public facility.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Metropolitan Code of Laws Chapter 11.12 is amended to add the following new Sections:
11.12.100. Definitions.
Whenever used in this Section, the following words and phrases shall have the meanings indicated, unless the context or subject matter otherwise requires:
a. “Interfere with” shall mean to stop or to restrict a person’s freedom of movement, or to stop, obstruct, or prevent, through deceptive means or otherwise.
b. “Person” shall mean an individual, corporation, non-for-profit organization, partnership, association, group, or any other entity.
c. “Premises of a public facility” shall include the driveway, entrance, entryway, or exit of the public facility, the building in which such facility is located, and any parking lot in which the facility has an ownership or leasehold interest.
d. “Public parking lot serving a public facility” shall mean any public parking lot that serves a public facility.
e. “Public facility” shall mean any building, structure, or place, or any portion thereof, owned and operated by a public entity.
11.12.110. Prohibited Conduct.
It shall be unlawful for any person to do the following:
a. Knowingly physically obstruct or block another person from entering into or exiting from the premises of a public facility, or a public parking lot; or
b. By force or threat of force, or by physically obstructing or blocking, knowingly injure, or interfere with, or attempt to injure or interfere with, another person in order to discourage such person or any other person or persons from entering or exiting a public facility.
11.12.120. Penalty.
Any person violating any of these provisions shall be fined not less than fifty dollars. Each violation of this section shall be deemed a separate offense.
11.12.130 Severability.
The provisions of this Chapter are hereby declared to be severable; and, if any of its sections, provisions, exceptions, sentences, clauses, phrases, or parts be unconstitutional or void, the remainder of this Act shall continue in full force and effect, it being the legislative intent, now hereby declared, that this Act would be passed, even if such unconstitutional or void matter had not been included therein.
Section 2. This Ordinance shall take effect from and after its final passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
This ordinance amends Chapter 11.12 of the Metropolitan Code of Laws, regarding offenses against public peace, to add new provisions that regulate the obstruction or blockage of a person from entering or exiting the premises of a public facility or public parking lot.
Chapter 11.12 of the Metro Code regulates offenses against public peace, including disorderly conduct, providing a false identification, and wearing a disguise in public, among other offenses.
The ordinance under consideration would add provisions that prohibit: (a) “[k]nowingly physically obstruct or block another person from entering into or exiting from the premises of a public facility, or a public parking lot” or (b) “[b]y force or threat of force, or by physically obstructing or blocking, knowingly injure, or interfere with, or attempt to injure or interfere with, another person in order to discourage such person or any other person or persons from entering or exiting a public facility.”
The ordinance defines “interfere with” as stopping or restricting a person’s freedom of movement, including by deceptive means or otherwise. A “public facility” is defined as “any building, structure, or place, or any portion thereof, owned and operated by a public entity.” The “premises of a public facility” includes “the driveway, entrance, entryway, or exit of the public facility, the building in which such facility is located, and any parking lot in which the facility has an ownership or leasehold interest.” A “public parking lot” is defined as “any public parking lot that serves a public facility.”
In addition, the ordinance under consideration adds a new section providing that any person violating any of the provisions of Chapter 11.12 of the Metro Code would be subject to a fine not less than $50, with each violation deemed a separate offense. The ordinance also adds a section regarding severability, which provides that if any provision of Chapter 11.12 of the Metro Code is found to be unconstitutional or void, the remainder of the provisions will continue in full force and effect.
The Council Office recommends a housekeeping amendment to this ordinance.