I don’t agree with this.
Mayor John Whitmire
Mayor John Whitmire is proposing a ban on the targeted picketing of any residential dwelling in Houston after months of pro-Palestininian protests in front of his own house.
Protesting in front of public officials’ homes has been a practice used by organizers in the U.S. for decades, prompted by topics like abortion rights and civil rights. Following several months of protests in front of Whitmire’s house, as well as the homes of U.S. Sen. Ted Cruz, R-Texas, and U.S. Rep. Lizzie Fletcher, D-Houston, the mayor said police need “another tool in the tool kit” to manage demonstrators who seek an end to Israel’s war against Hamas in Gaza: A ban on protesting within 200 feet of a targeted home.
“It’s picketing, but it’s getting very aggressive. It will still be allowed, they just need to give a little more space,” Whitmire said Tuesday.
Protesters say the proposal will chill their First Amendment rights by banning protests near residential properties in a city with no zoning in the first place.
“There’s already a legal system in place to prevent these things from getting out of hand. This is upping the ante far beyond what anyone would consider a legitimate regulation of speech,” said Saif Kazim, who has not attended any of the protests in front of Whitmire’s home but is a member of the grassroots coalition that has organized many of the pro-Palestinian protests in the city.
The protests have taken place in front of the homes of the elected leaders for months, sometimes beginning in the morning and some beginning after dark, according to local media reports. The protesters normally chant, clap and hold signs encouraging officials to cut ties with the state of Israel over the war.
Earlier this month, eight protesters were detained and given citations for violating the city’s noise ordinance during a pro-Palestinian, nighttime demonstration in front of Whitmire’s house, officials said.
[…]
Many municipalities around the country have ordinances on the books banning or restricting the targeted protesting of homes that date back to anti-abortion protests in front of doctors’ homes in the 80s and 90s, said Emily Berman, a constitutional law professor at the University of Houston Law Center.
A federal law has also been on the books since 1950 that prohibits demonstrations “with the intent of influencing any judge.” After the overturning of Roe v. Wade by the U.S. Supreme Court in 2022, the governors of Virginia and Maryland called on Attorney General Merrick Garland to enforce that statute against abortion rights protesters demonstrating in front of the houses of conservative justices.
The Supreme Court has held that such regulations of protests are constitutional, so long as protesters have another venue to publicly express their beliefs, Berman said. First Amendment rights are not absolute if other rights, like the right to privacy, are infringed upon by the act, she added.
“The idea is that, for the most part, our view of free speech is you can say whatever you want, and if you don’t want to hear it, you can walk away,” Berman said. “That is obviously not the case at your own house, so the Supreme Court has said this type of regulation is OK.”
If the ban was extended to include entire neighborhoods rather than a specific home, that would likely violate the First Amendment, Berman said.
A bit of clarity on the existing restrictions, per Axios.
Protesters in Houston currently are allowed on the sidewalk and street as long as they do not block access.
Protesters must remain below specified decibel levels, per the city’s noise ordinance. However, officers typically ask individuals to lower the noise before issuing citations, Houston Police Department public information officer John Cannon previously told Axios.
That seems reasonable to me; maybe limiting the time for protests to the daylight hours would be reasonable as well. I mean, I get why the Mayor doesn’t like this. I wouldn’t, either. Putting other concerns aside, pushing these folks back 200 feet means putting the burden of the protests on his neighbors. That sure doesn’t seem fair to them. I’m sorry, but he’s the Mayor and this is part of the job.
The item was tagged by four Council members, so it won’t get a vote until next week. I would like to see Council vote this down. It’s not needed, it sends a bad message, and we absolutely will get sued if it passes. We don’t need that. The Chron has more.
I just feel bad for the neighbors who have to put up with all the noise, trash and traffic disruptions when none of this is their fault.