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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" ...
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