Louisiana passes bill to outlaw protests near residences • Louisiana Illuminator

In another measure that could run afoul of the First Amendment, the Louisiana Legislature approved a bill Wednesday to outlaw protests, demonstrations or any other gatherings within 50 feet of anyone’s home — even on a public street — if it threatens to disrupt a person’s use of their home. 

House Bill 737, sponsored by Rep. Kellee Hennessy Dickerson, R-Denham Springs, received final passage in a 72-14 House concurrence vote on a Senate amendment that narrowed the proposal.

The measure prohibits anyone from petitioning, picketing or assembling with others within 50 feet of a home in a manner that interferes with or “threatens to disrupt” a person’s right to control or use their home. This could apply to gatherings as small as two people. 

The bill is silent on whether the person living in the residence would need to file a complaint or if police could simply enforce the law based on their own belief that a gathering threatens to disrupt a nearby residence.

Anyone who violates the provision would face a fine of up to $500 per day. 

Lawmakers held Wednesday’s vote with no discussion of the measure. Most of the debate occurred during a previous floor vote in April during which Dickerson, a freshman lawmaker and former TV news anchor, struggled to see any issues with what was then a much broader bill. 

Louisiana could outlaw protests near residences, despite First Amendment concerns

At that time, Dickerson told her colleagues the law would apply only to protests directed at an individual in a way that makes the person feel unsafe or uncomfortable, but the wording in her bill included none of those limitations. Instead the wording would have prohibited any gatherings that interfere with an individual’s right to “enjoy his residence,” leaving that phrase open to interpretation. 

The original version of the legislation also had no proximity limitations and would have applied to any gatherings “near” someone’s home. The Senate amended it to apply only to protests within 50 feet of a residence.  

Dickerson’s bill is the latest among several the Legislature has passed this year involving First Amendment rights. On Wednesday, lawmakers passed House Bill 383 to make motorists immune from lawsuits if they run over or kill protestors because they feel threatened. 

That same day, Gov. Jeff Landry signed House Bill 173 into law, making it a crime to come within 25 feet of a police officer upon command. On Tuesday, lawmakers approved House Bill 127 to establish harsher punishment for anyone who organizes a protest that ends up disrupting traffic. 

Dickerson’s bill will head to the governor for executive approval. Landry has signed similar legislation and has long criticized political demonstrations, even peaceful ones. He has also called for harsh punishments against protestors with the exception of those involved in the violent Jan. 6, 2021, attack on the U.S. Capitol.