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Sandy Springs reviews proposed buffer-zone ordinance tied to leafleting, protests
Summary
City staff introduced a proposed ordinance that would criminalize knowingly approaching someone within eight feet near certain institutions and public building entrances; councilmembers raised First Amendment and process concerns during a work session.
Sandy Springs city officials reviewed a draft ordinance at a Jan. 7 work session that would make it a misdemeanor to knowingly approach another person within eight feet to hand them a leaflet, display a sign or engage in oral protest within a 50-foot radius of an entrance to schools, places of worship or along certain public rights-of-way.
The proposal, presented by Police Chief Ken DeSimone and drafted in part from language the Anti-Defamation League provided, is aimed at curbing the distribution of hate literature and reducing harassment near sensitive institutions while giving officers clearer grounds to act.
Chief DeSimone told the council the ordinance was drafted to “help the officers, to protect not only themselves, but, the citizens of Sandy Springs and some of our institutions,” and cited an incident two years ago at police headquarters in which an aggressive videographer interfered with contact between an officer and a citizen.
City Attorney Dan Lee said the proposal is intended to provide geographic limits and advance notice to the public rather than to curtail what people can say. “It doesn’t curtail what somebody can say, just where they can say it,” Lee said, describing the provision as a way to “provide order to most demonstrations.”
Council members pressed for additional review. Councilmember Paulson asked whether officers already had discretion to charge disorderly conduct; DeSimone answered they do but said the ordinance would “codify” a clear buffer and reduce uncertainty for newer officers. Councilmember Dr. Kelly and Councilmember Andy Baumann, among others, urged more legal vetting and public input before the council considers adoption.
Dr. Kelly warned the language “is a bit broad, and it could be misused,” and asked for more time for council members to review the draft and examples of comparable laws. Baumann said the Anti-Defamation League provided model language and recommended the council obtain additional constitutional review; he said, “Good intentions alone are not enough.”
Other questions at the work session included how the ordinance would apply to flyers dropped from vehicles or drones, whether nonprofit outreach at libraries or other public facilities would be affected, and how the city would provide notice to the public. Lee said consent would remain a defense for approaching another person and that the ordinance contemplates management of public property and posted limitations.
The item was discussed in a work session for council input; no vote was taken. Mayor Rusty Paul closed the item by saying the session produced “great input” and that staff would take the comments back for revision and further consideration before any formal vote or public hearing.
