Wednesday, January 12, 2011

AZ Signs "Funeral Protection" Bill


Gov. Jan Brewer on Tuesday signed a bill to create a “funeral protection zone” to keep protesters from disrupting the funerals of those killed in the mass shooting near Tucson.

The bill was a bipartisan show of support for the victims, and it passed both chambers of the Legislature on a unanimous vote earlier in the day.

Senate Bill 1101 creates a “funeral protection zone” that bans protesters within 300 feet of a funeral service. The ban applies to one hour before, during or after a funeral service. A violation is a Class 1 misdemeanor.

The bill has an emergency clause, which required a three-fourths vote of the Legislature but allows the law to go into effect immediately.

“This bill passed unanimously out of both houses of the Arizona Legislature and represents a truly bipartisan effort to assure that grieving families and friends will be free from harassment and intimidation at the funerals of their loved ones,” Brewer said in a statement.

Brewer also said that last year, she instructed the state Attorney General to join 46 other states in a brief at the U.S. Supreme Court filed in support of the right of grieving families to seek a civil remedy against those that choose to protest and disrupt the funerals of their loved ones.

“Such despicable acts of emotional terrorism will not be tolerated in the State of Arizona,” her statement said.

The Rev. Fred Phelps of Westboro Baptist Church in Kansas responded to the shooting by posting a video on the YouTube website, saying, “Thank God for the violent shooter.”

He vowed to have his band of followers picket at the funerals.

In the Senate debate, Sen. Ron Gould, R-Lake Havasu City, said he would vote for the funeral bill, but he was conflicted because “even idiots have a right to free speech.”

House Speaker Kirk Adams said the bill doesn’t trample on anyone’s First Amendment rights.

“Anybody has a right to say what they want to say in this country” Adams, R-Mesa, said after the bill passed the House on a 58-0 vote. “But we have a right to regulate the time and place (of such speech).”

The bill is patterned after an Ohio law that establishes a 300-foot protection zone around a funeral location from one hour before the event until one hour after it. The Ohio law was recently upheld by the Sixth U.S. Court of Appeals, which made Arizona lawmakers confident their proposal is constitutional.

Senate President Russell Pearce, R-Mesa, made similar comments.

“This is a balance of rights,” he said. “Your rights end where mine begin.”

Sen. Kyrsten Sinema, D-Phoenix, a bill sponsor, thanked the Senate for its bipartisan support, saying “tragedy is not partisan.”

“We have to do what’s right,” she said. “I feel like we’re doing something to help Tucson. Families need to grieve in peace.”

The bill passed the Legislature in record time: One day from start to finish. It was a highly unusual move, brought on by the urgency of the Tucson situation. Funeral services begin Thursday.

The bill has an emergency clause, which required a ¾ vote of the Legislature but allows the law to go into effect immediately once Brewer signs the bill.

In addition, the Republican and Democratic parties in Pima County are urging people to help form a human barricade along the funeral routes to protect the victims’ families from Phelps and his small band of vocal protesters.

Members of Phelps’ controversial Westboro Baptist Church picket funerals to draw attention to the church’s anti-homosexual views. Members last month picketed the funeral of Elizabeth Edwards, wife of former presidential candidate John Edwards

32 comments:

Jeanne Wehde 5 said...

Honestly, the fact that anyone would even want to picket at a funeral saddens me greatly. The six people who were murdered were entirely innocent and I applaud Arizona for preventing many sad occasions to come from becoming public spectacles. I understand why some people believe that this bill infringes on the first amendment. Many people I know would probably say, "How far can a government go until it has gone too far in regulating every day life?"; however, I personally believe that funerals are sacred and that prevention should be taken to protect the people's right to grieve peacefully.

StaciFrentress2 said...

I think that it's pathetic that our society has stooped so low that people would actually protest at other people's funerals. I'm glad that Arizona passed this bill and what made it better was that it was unanimous. People need to grieve in peace and not have to worry about getting harassed at ever turn. Even thought this was a sad story I have to admit that I laughed when Senator Ron Gould said, "even idiots have a right to free speech."

Olivia Wise 1st Period said...

I agree with Jeanne. The people that were killed had nothing to do with Gabrielle Giffords, besides supporting her and being interested in her speech. If the shooter had something against her, he did not need to act violently, especially towards innocent people. I like this law, it prevents more future hurt and pain for grieving families. Funerals are not a time to protest and cause more drama. I do not think it affects people's freedom of speech. They still have the freedom to say it, just not at the exact location they want to.

J. Vivian said...

In all honesty it does not suprise me at all that people would protest at a funeral. It seems to me the people are becoming less and less aware of the emotions of the "other side" when it comes to topics of great debate. In this case, it is moraly wrong to choose a funeral of all places to protest at, and the Arazona government has in every way done the right thing by making it against the law to protest at a funeral during the specified time limits. My only question on the matter is: is this the final time the goverment will disect the 1st ammendment in such a way it "doesn't" tamper with peoples rights? Now, I'm not saying I agree with protesting at a funeral, that is wrong; Though, I cant seem to overlook the fact the goverment did tamper with the statements of the 1st ammendment. It simply makes me wonder if eventually we will have to worry about certain rights we hold as Americans as stated in the Ammendments being upheld or overshadowed by new ammendments.

Rod Torres5 said...

"In all honesty it does not suprise me at all that people would protest at a funeral. It seems to me the people are becoming less and less aware of the emotions of the "other side" when it comes to topics of great debate."Jessica Garcia 1....

I Like this statement because that is the whole point of this topic. People can't seem to know when a to protest and not to. In honesty, what do they plan to accomplish by protesting a grievance service. The points that they are trying to get across is now just a hypocritical outburst. The fact that the gov. is taking action to ensure a safe grievance service, is a proper gesture of kindness and understanding.

DebbyRogers2 said...

It seems obvious that this law is necessary. Even as Americans, we aren't always allowed to say what we want when we want. My question is why has it taken this long for the law to be passed when it was able to be done so quickly. Reverend Fred Phelps has been holding protests at funerals for several years, mostly targeting homosexuals in the military. It seems like we are less quick to act when it is in defense of homosexuality.

Shivani Daji2 said...

I don't understand why someone or at that fact anyone would want to be protesting at a funeral. What happened hurt quiet a few people. I'm glad that the bill was passed. Even though it really doesn't stop from people speaking their minds still the Funeral Protection Bill was a good idea. Funerals shouldn't be a place to start protests and chaos.

Shivani Daji2 said...

I don't understand why someone or at that fact anyone would want to be protesting at a funeral. What happened hurt quiet a few people. I'm glad that the bill was passed. Even though it really doesn't stop from people speaking their minds still the Funeral Protection Bill was a good idea. Funerals shouldn't be a place to start protests and chaos.

Chris Gentry 1st said...

This makes me sick. When I finished reading this article, I asked myself, what if the roles were reversed? What if the funerals of the picketers' loved ones were picketed? What would they think then? This bill, based on the circumstances, needed to be passed. In my opinion, this bill infringes on people's first amendment rights, sure, but what kind of people honestly exercise that right by disrupting and disrespecting such a sacred and honorable gathering of mourners? The answer: people without respect, love, charity, and decency. These people are anarchists. What kind of person would have the audacity to say, "Thank God for the violent shooter."? And that man calls himself a reverend? Personally, I would take the utmost pleasure in denying that man's (and others like him) right to protest a funeral.

ShannonCarr1 said...

I am actually suprised that more states havent passes this bill, or one like it, already. Funerals are a time for forgivness, and everyone deserves at least one day where they can grieve in peace. However it does seem that this bill somewhat infringes on our first amendment rights. The protesters are still allowed to speak their mind but with heavy restrictions and penalties.

Carrah Osborn 2 said...

It's so horrible for people to picket a funeral! What kind of brain-washed people would do that. Six people were murdered. Six people who were at the wrong place at the wrong time. Six people who didn't deserve to die. I'm glad they passed this law and even gladder they did it so quickly. Funerals are for grieving the dead not condeming them, these people protesting need to get real and realize that they're hurting more than they're helping, and look like fools while doing it. I hope each and every one of those protestors get caught at the wrong place at the wrong time and are thrown in jail. I hope these families will all get to have the peaceful funerals for their loved ones like they deserve and that no one is stupid enough to protest them. Although I have split views about how this bill effects the statements of the 1st Amendment. On one side freedom of speech is semi shut off, but then again it is only temporay, one hour before the funeral to one hour after. Being hushed is no big deal compared to the scars some protest could leave on a family that is trying to grieve for a loved one.

kelan hamman 2nd said...

I agree with Staci in the fact that this is very pathetic. I strongly believe that everyone has their freedom of speech; however, there is a time and place for it. Im sure the people who protested wouldn't want the same for them when their loved ones died. I think the government did the right thing in this situations even though they may be interfering with the first amendment. Its a shame that these six families have to deal with the loss of a loved one and the media that is wrongfully coming with it. I do agree that "even idiots have a right to free speech" but again there is a time and place.

Jack Powell 1 said...

While I wholeheartedly agree with the principle of restricting the picketing of funerals, I see a possibility for abuse. What legally makes a "protester"? I haven't read the bill, so I don't know if it addresses this problem. But someone could start a witch hunt over the smallest comment. I must reiterate that I believe this bill should be passed, but only so long as the potential for abuse is as small as possible, if existant at all.

RandallVillegas2nd said...

Although I do believe families should be able to grieve in peace, making a law to prohibit others from expressing themselves does go against our countries fundamentals. It is not that I do not agree with the bill, but the recoil that may come with it. If we make a bill for this one exception then it may open the door for many other bills. So it is really a toss up on what is right or wrong. The people that have the nerve to show disrespect to the soldiers of our country is horrible; at the same time they are demonstrating our rights as Americans. I am not saying the bill itself is a bad thing, but it may inflame things that are worse in return. Hopefully it all works out for the best although it may be the case.

EvanDenton2 said...

Honestly, how anyone can protest at a funeral is beyond me. Everyone is granted freedom of speech but at least have the common decency to let this tragic family mourn in peace. The fact that Westboro Baptist Church's views are so twisted is also a pretty true testament to the times we're living in. Political unrest and economical instability has really started to affect society. If you ask me based on my religious/political beliefs, we're gonna be seeing a lot more of this :/ But kudos to AZ for sticking to whats just and right.

Chris Gentry 1st said...

This makes me sick. When I finished reading this article, I asked myself, what if the roles were reversed? What if the funerals of the picketers’ loved ones were picketed? What would they think then? This bill, based on the circumstances, was needed. In my opinion, this bill infringes upon people’s first amendment rights, sure, but what kind of people would exercise those rights by disrupting and disrespecting a most sacred and honorable gathering of mourners. The answer: people without respect, love, charity, and decency. These people are anarchists. Who in their right mind would have the audacity to say, “Thank God for the violent shooter.”? And that man calls himself a reverend. Personally, I would take the utmost pleasure in denying that man (and others like him) his right to picket a funeral.

KaylinSmallwood2 said...

Considering the fact that funerals are normally sad anyway, the people that are grieving for their loved ones should not be hassled especically since they could not help the fact that some idiot went around and shot those innocent people. It makes no since to me why people would even find it necissary to protest at a funeral. There are so many other places to protest, even though this is a stupid thing to protest about. Yes amendment number 1 says the right to free speech but sometimes this can be taken advantage of especially at a funeral. That is just crossing the line!

Efren Gomez 2nd said...

Well... These topics only seem to get more touchy and touchy. Whether it's in honor of a fallen soldier or of our right to free speech some people just need to know the sense of what's just immoral really!? I know the guy is dead but please there is a time and a place. It just sickens me when people use law to justicefy, injustice acts... I'm not saying protesting is wrong but to protest a funeral is just sad really. Whether how far people will take these acts I don't know but something much more than "times," to protest is only going to pull that last straw until someone acually does something they will regret

Efren Gomez 2nd said...

Well... These topics only seem to get more touchy and touchy. Whether it's in honor of a fallen soldier or of our right to free speech some people just need to know the sense of what's just immoral really!? I know the guy is dead but please there is a time and a place. It just sickens me when people use law to justicefy, injustice acts... I'm not saying protesting is wrong but to protest a funeral is just sad really. Whether how far people will take these acts I don't know but something much more than "times," to protest is only going to pull that last straw until someone acually does something they will regret

Krishna Patel (2) said...

This is just so wrong. Why would anyone want to just pick upon a funeral. Accidents just occur,they dont give a notice before coming. All those people who got murdered were not at all in any sort of fault. So i personally feel that such a bill shouldn't have appeared. Yes, i sure agree that funerals are a place of piece and so they should be protected. Our society is just getting worst day by day. They just should live a safe life and stop putting others into trouble and should definately start caring about the emotions of others. But i guess whatever the government does is for the betterment for the public.

Krishna Patel (2) said...

This is just so wrong. Why would anyone want to just pick upon a funeral. Accidents just occur,they dont give a notice before coming. All those people who got murdered were not at all in any sort of fault. So i personally feel that such a bill shouldn't have appeared. Yes, i sure agree that funerals are a place of piece and so they should be protected. Our society is just getting worst day by day. They just should live a safe life and stop putting others into trouble and should definately start caring about the emotions of others. But i guess whatever the government does is for the betterment for the public.

Krishna Patel (2) said...

This is just so wrong. Why would anyone want to just pick upon a funeral. Accidents just occur,they dont give a notice before coming. All those people who got murdered were not at all in any sort of fault. So i personally feel that such a bill shouldn't have appeared. Yes, i sure agree that funerals are a place of piece and so they should be protected. Our society is just getting worst day by day. They just should live a safe life and stop putting others into trouble and should definately start caring about the emotions of others. But i guess whatever the government does is for the betterment for the public.

ChrisCobos2nd said...

I'm thankful for the bill because the fact that people would protest at a funeral is extremely low and demeaning. In my opinion, Gov. Brewer was right in her statement, "Such despicable acts of emotional terrorism will not be tolerated in the State of Arizona". These types of protests shouldn't be tolerated anywhere under any circumstances. People have their freedom of speech but with that comes common sense, responsibility and respect. These people are mourning the deaths of their loved ones and deserve their privacy and time as much as anyone deserves freedom of speech.

Troy Newsome 5th said...

I also find it pathetic that our society is protesting at other people's funerals now. If it was their loved ones' funerals people were picketing at I think they would realize how wrong they are. But, I agree with what Randall said, making a law to prohibit others from expressing themselves does
go against our countries fundamentals in the sense that this could lead up to other bills. However, people should be free to grieve peacefully; whether or not idiots have a right to free speech.

Celia Olascoaga 2nd said...

I am glad that people are for the most part agreeing with Governor Brewer over "funeral protection", and that this law is passing quickly. I would never think that this would have been necessary because i would have hoped people would have been sane to leave a funeral alone. Its not right especially for a Reverend of a church to start the protesting. A christian church mainly teaches love and respect for others. He instead is disrupting a funeral and protesting which goes against anything the church preaches. He of all people should show sympathy to those who lost a loved one because people are suffering over the death of a person very dear to them.

naveenchekuru2 said...

I am glad that Tuscon passed this law, and i believe that it does not intrude on a persons freedom of speech. Picketing at a funeral is not freedom of speech, it is an act of harrasement and terrorism. Its so nice to see that after the Tuscon tradegy that both parties are doing what is right and coming together to stop such a horrible thing. No one should every disturb someones funeral regardless of there beliefs. I hope that this so called "church" disbands because they are truly disgusting people. The families of the victims should be able to grieve in peace.

BrandonCruz2 said...

I think that the new bill is a very good idea. There shouldn't be any protesting at a funeral. The fact that someone would be glad that someone else has passed away demonstrates a whole new wrong in society today. What type of Reverend would say things like "Thank God for the violent shooter"? People that would follow his ideas are insane, and should be sent to the crazy house.

elenahernandez2 said...

I myself have takeen part in the protection of the funerals of fallen soldiers from those protestors and the disrespect i saw was pretty chocking. One woman sneezed into the American flag, stuck a corner into her right pocket, and then just let the rest drag on the ground. Others would have pictures of the fallen sodier, wad them up and throw them into the street. Those protestors just need to be put down. They have no respect for anything. The fact that a preacher would do such a thing like that is horrible. He is the kind of person that gives Christians a bad name. Just because we have freedom of speech doesnt mean that people can just be disrepectful and immoral. I would like to see those protestors on the opposite side of the street when they are the ones at a funeral and have someone slander them.

JazminAguilar1 said...

Creating a funeral protection zone was a good idea I guess, but it shouldn't have been necessary in the first place. Of course, the world has idiots who honestly don't care about people's feelings, but we just gotta deal with it. However, it makes me happy that the punishment is a Class 1 misdemeanor because I'd like to see some of those disgusting people behind bars even though they could just pay a fine. Even if they do pay the fine, I'm sure they don't want to keep dishing out 2.5K.

Randall has a great point and I fully support his idea. Let's not make silly laws for silly people.

calvinmata1st said...

I think that it is pathetic that we even have to pass bills like this one. I mean, seriously? These people that are protesting act like they would be fine if people were protesting at one of their beloved family member's funeral. These protesters obviously have no common sense or sense of compassion for their fellow American. Yea, we have our First Amendment that says we have the Freedom of speech, religion, and press, but there are those times when it isn't necessary to excersize those rights simply for the consideration of someone else's emotional well-being because words have a powerful impact on other people. And honestly, I don't think that our founding fathers would have agreed with how some people are excersizing these rights that we were given.

JackWilson1 said...

I like the direction of this bill, however I doubt it will be enough to actually deter people from picketing funerals. Infringement on this bill is only a class 1 misdemeanor. That's up to 12 months in jail and/or a $2,500 fine. Idiots picketing funerals might find this an acceptable price to pay for drawing attention to their cause. Bills like this bill show society's growing intolerance towards people stepping on other individuals' rights which is an indicator that the government is doing its job protecting our naturally given freedoms which is why I am in favor of it.

Unknown said...

I think the legislation passed is a good idea. For the families who have to deal with their loved ones who have passed should have the privacy to mourn and bury them in peace. Sure everyone has free speech but those who invade the space of someone elses funeral should be regulated. The people who would even think of protesting at a funeral is a great shame, it's not right and very rude. So I give a high five to the people who passed this funeral protection bill. Funerals are meant for burying your loved ones and not for protesting and creating more chaos, what idiots!