Jan. 14, 2008 Dear Heritage West Residents, As most of you know, a group has chosen to picket one of your neighbors. As your Council representatives, we have looked into this situation extensively - researched local, state, and federal laws; talked to the targeted homeowner and organizations; listened to neighborhood concerns; reviewed police reports; and talked about the issue at a Council study session. Here is a brief overview of how things stand: Can the city stop residential picketing?
No. Though we deeply sympathize with the resident and neighborhood in this situation, we are not able to prohibit the picketing. The right to protest is protected by the U.S. Constitution, and sidewalks and streets are public property. The established local legislative options regarding residential picketing are very limited and their effectiveness seems minimal. A few metro-area communities have limited the size of signs, limited the time of picketing to daylight hours, and required picketers to walk a certain distance. These options probably would have little (if any) effect in this particular situation, and might even inconvenience more of the neighborhood. Council would not consider any local law that has not been tried or held up in court because it would likely mean using our tax dollars in a lengthy, expensive legal battle. Though local municipal ordinances are not completely off the table, Council is not currently pursuing passing any local laws regarding residential picketing. What are my rights regarding this situation? Current local laws say: • No one can trespass on your property. People may walk up to the door and knock (unless you have a no soliciting sign), but cannot otherwise be on your property without your permission and must leave if you request them to do so. • No one can block your driveway. • No one can block passage on public property. (No BBQs or chairs blocking the sidewalks) • Excessive noise is prohibited. Noise from a vehicle should not be heard from more than 25 feet away. Noise in a neighborhood is not allowed at "unreasonable" levels (loud parties, music, use of a bullhorn or excessive dog barking). • Pushing or shoving another person is illegal. • Threatening violence or property damage is illegal. What are protesters allowed to do in residential neighborhoods? • It is legal to picket on a public sidewalk. • Anyone can park on public streets. • Picketers can carry signs (not post or place on private property). We realize the signs used in this situation may be offensive to many, but they are legal as free speech unless the sign contains threats of violence. • Vehicles can have signs on them. What can I do? You and the protestors have the same rights. The Lakewood Police Department will enforce the law objectively. If you feel your personal safety is threatened, call 911. If you feel the protestors are violating the law but it is not an emergency, call the non-emergency police number, 303-987-7111 to relay your concern. Please know that we understand how upsetting this is for many of you. We are concerned, but unfortunately our actions are limited. Feel free to contact us if you have questions. Also, stay in touch with your neighbors - it's important to know what is happening and watch out for each other. Sincerely, Diana Allen
dallen@lakewood.org Tom Quinn tquinn@lakewood.org |