Regulates protests at funerals of deceased military members

34 Co-sponsors

• Joseph A. Griffo
• Greg Ball
• Dean G. Skelos
• Joseph P. Addabbo Jr.
• James S. Alesi
• Tony Avella
• John J. Bonacic
• John A. DeFrancisco
• Hugh T. Farley
• John J. Flanagan
• Charles J. Fuschillo Jr.
• Patrick M. Gallivan
• Martin J. Golden
• Mark Grisanti
• Kemp Hannon
• Owen H. Johnson
• Jeffrey D. Klein
• Andrew J. Lanza
• William J. Larkin Jr.
• Kenneth P. LaValle
• Tom Libous
• Betty Little
• Carl L. Marcellino
• Jack M. Martins
• George D. Maziarz
• Roy J. McDonald
• Michael F. Nozzolio
• Thomas F. O'Mara
• Michael H. Ranzenhofer
• Patty Ritchie
• Joseph E. Robach
• Stephen M. Saland
• James L. Seward
• Catharine Young

BILL NUMBER:S3901A

Title of bill

An act to amend the general municipal law and the parks, recreation and historic preservation law, in relation to requiring permits for demonstrations at veteran funerals

Purpose or general idea of bill

This bill would authorize municipalities to create a permit system for demonstrations occurring in the vicinity of a wake, funeral, burial or memorial service.

Summary of provisions

Sections one and two of the bill would amend General Municipal Law Article 7-A by adding a new section 149. This section would authorize local governments to create a permitting system for demonstrations conducted within one thousand feet of a funeral, memorial service, wake or burial, including the period one hour before or after such event. The bill establishes a civil penalty for violations on state property and allows a city, town, village or county that, by local law, enacts a permit requirement to establish a reasonable civil penalty for any person who is found to have intentionally organized a demonstration without first acquiring the required permit.

Section three of this bill would authorize the Commissioner of the State Office of Parks, Recreation and Historic Preservation to promulgate regulations to require that a permit be obtained for a demonstration at a funeral event held on state property. Section four of this bill would provide for the effective date.

Justification

In Snyder v. Phelps, 562 U.S. ___ (2011), the U.S. Supreme Court recognized that persons who protest at funerals of military personnel have constitutional rights, but also that states have a compelling interest in protecting the family and friends of deceased military personnel while they are mourning at such events.

As the Snyder case demonstrates, there are individuals and groups that seek to use military funerals as a protest vehicle to advance their ideology. The Snyder court held that the First Amendment protects the right to express even abhorrent views, but that the expression of these ideas can be regulated by the states with respect to time, place and manner.

There is a compelling state interest in preserving and protecting the mourning families and friends of deceased persons, especially at so solemn a time as a military funeral. This bill would authorize the state as well as municipalities to create a regulated one-thousand-foot zone around such funeral events, including the wake, funeral service, burial and memorial service. The parks commissioner would be authorized to require demonstrators to apply for a permit prior to demonstrating on state property; local governments, by local law, would be authorized to enact similar permit requirements for demonstrations

conducted in parks and on public property under the jurisdiction of local governments.

The bill would thus facilitate reasonable and constitutional regulation of the time, place and manner of such demonstrations, in recognition of the sensitive circumstances and legitimate needs and interests of mourning family members, neighbors and friends.

Legislative history

New Bill.

Fiscal implications

Minimal.

Effective date

This act shall take effect sixty days after it shall have become a law.