Prevention of Bias Incidents at Places of Worship


Prevention of Bias Incidents at Places of Worship
The Issue
We the residents of South Orange and those who worship, transact significant business within or work within South Orange welcome the condemnation of recent a bias incident at one of our places of worship and the subsequent police investigation. To prevent future occurrences and calm the situation while preserving free speech rights, we suggest the South Orange Board of Trustees take the following up for consideration as an amendment to our Village Code which is in line with the municipal codes upheld by the U.S. Supreme Court in the Hill v. Colorado decision and in line with ordinances in major cities like Chicago & Detroit:
Whereas, Chapter 225 of the South Orange Revised Code regulates offenses related to Peace and Good Order; and
Whereas, an increase in activism and opposition from groups protesting various political issues such as world events and domestic issues has occurred within South Orange, including the commission of bias crimes against people entering said places of worship deemed to be antithetical to the protestors' viewpoints; and
Whereas, attendees and staff at places of worship and students attending schools housed within said places of worship have reported frequent acts of intimidation, threats, and intereference from individuals protesting political issues at places of worship;
Whereas, in 2000 the U.S. Supreme Court in Hill v. Colorado upheld a Colorado buffer zone ordinance identical to the ordinance presented herein which the U.S. Supreme Court determined met Constitutional standards;
Whereas, the Village of South Orange deems it necessary to provide additional protection to individuals seeking to access religious or education services at places of worship to ensure their safety.
NOW THEREFORE, be it ordained, by the Board of Trustees of the Township of South Orange Village, a municipal corporation of New Jersey located in Essex County thereof, the following sections of the Code be amended as follows:
225-4. Disorderly Conduct: A person commits the offense of disorderly conduct when they knowingly:
A. Approach another person within eight feet of such person, unless such other person consents, for the purpose of passing a leaflet or handbill to, displaying a sign to, or engaging in oral protest, education, or counseling with such other person in the public way within a radius of 100 feet from any entrance door to a place of worship or preK-12 school, or
B. By force or threat of force or by physical obstruction, intentionally injures, intimidates or interferes with or attempts to injure, intimidate or interfere with any person entering or leaving any place of worship or preK-12 school
2. That it is the intention of Board of Trustees of the Village of South Orange that this Ordinance and every provision thereof shall be considered separable, and the invalidity of any section, clause or provision of this Ordinance shall not affect the validity of any other portion of this Ordinance.
3. This ordinance shall take effect after final passage and publication as required by law.
591
The Issue
We the residents of South Orange and those who worship, transact significant business within or work within South Orange welcome the condemnation of recent a bias incident at one of our places of worship and the subsequent police investigation. To prevent future occurrences and calm the situation while preserving free speech rights, we suggest the South Orange Board of Trustees take the following up for consideration as an amendment to our Village Code which is in line with the municipal codes upheld by the U.S. Supreme Court in the Hill v. Colorado decision and in line with ordinances in major cities like Chicago & Detroit:
Whereas, Chapter 225 of the South Orange Revised Code regulates offenses related to Peace and Good Order; and
Whereas, an increase in activism and opposition from groups protesting various political issues such as world events and domestic issues has occurred within South Orange, including the commission of bias crimes against people entering said places of worship deemed to be antithetical to the protestors' viewpoints; and
Whereas, attendees and staff at places of worship and students attending schools housed within said places of worship have reported frequent acts of intimidation, threats, and intereference from individuals protesting political issues at places of worship;
Whereas, in 2000 the U.S. Supreme Court in Hill v. Colorado upheld a Colorado buffer zone ordinance identical to the ordinance presented herein which the U.S. Supreme Court determined met Constitutional standards;
Whereas, the Village of South Orange deems it necessary to provide additional protection to individuals seeking to access religious or education services at places of worship to ensure their safety.
NOW THEREFORE, be it ordained, by the Board of Trustees of the Township of South Orange Village, a municipal corporation of New Jersey located in Essex County thereof, the following sections of the Code be amended as follows:
225-4. Disorderly Conduct: A person commits the offense of disorderly conduct when they knowingly:
A. Approach another person within eight feet of such person, unless such other person consents, for the purpose of passing a leaflet or handbill to, displaying a sign to, or engaging in oral protest, education, or counseling with such other person in the public way within a radius of 100 feet from any entrance door to a place of worship or preK-12 school, or
B. By force or threat of force or by physical obstruction, intentionally injures, intimidates or interferes with or attempts to injure, intimidate or interfere with any person entering or leaving any place of worship or preK-12 school
2. That it is the intention of Board of Trustees of the Village of South Orange that this Ordinance and every provision thereof shall be considered separable, and the invalidity of any section, clause or provision of this Ordinance shall not affect the validity of any other portion of this Ordinance.
3. This ordinance shall take effect after final passage and publication as required by law.
591
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Petition created on February 1, 2025