Lawmakers in Nassau County, New York, are pushing legislation to make it illegal to stand within 15 feet of police officers or other first responders during an emergency, but critics argue that the proposal is unconstitutional.
People who enter the “buffer zone” for first responders during an emergency face a misdemeanor charge, a $1,000 fine, and up to a year in prison, according to a measure presented by the county Board of Legislators.
The legislation aims to protect first responders from “threats, harassment, and physical interference,” according to MPs.
“It is critical that first responders are not obstructed during emergency situations and that our frontline heroes are able to perform the lifesaving actions they are trained to do without distractions,” Republican legislator John Ferretti told the New York Post.
Interfering with first responders is already punishable by up to a year in jail, three years probation, or a $1,000 fine under state law.
The new plan was sponsored by Republicans, but it has received backing from several Democrats, according to the newspaper.
“Our cops and first responders shouldn’t have to fight crowds while they’re saving lives,” said Democrat legislator Seth Koslow, who is running for county executive. “This bill grants them the authority to keep the peace and carry out their duties without hindrance. It has bipartisan support because supporting those who protect us should not be politicized.
Despite broad support among MPs, critics argue that the bill goes too far and might be used to limit people’s fundamental rights.
“Floating buffer zones offer yet another way for police to keep their activities hidden from public scrutiny,” said New York Civil Liberties Union senior policy counsel Justin Harrison to the New York Post. “Laws that make it harder to monitor the police don’t make anybody safer — in reality, they violate the Constitution, run counter to government transparency principles, and foster distrust in law enforcement.”
Some other states enacted similar legislation that was later overturned by the courts.
Last year, Louisiana approved legislation forbidding individuals from approaching police officers after being warned to back up for 25 feet. However, a federal judge rejected the proposal last month, ruling that it violated the 14th Amendment’s due process standards and might jeopardize journalists’ First Amendment press freedoms, which include the ability to film cops.
Similar legislation in Arizona and Indiana have also been struck down by federal judges.
“We expect that Nassau’s law, if passed, will meet the same fate,” Harrison said the crowd.