County attorney outlines legal options after commissioners raise concerns about school-area protests that impede traffic

Commissioners discussed recent protests near schools that, they said, disrupted traffic and reduced attendance. County counsel summarized existing criminal statutes and the county's ordinance authority for addressing pedestrian gatherings that impede highways, and the board asked staff to research ordinance options and enforcement mechanisms.

A commissioner described protests in front of schools that caused traffic backups and student absences. The county attorney said state law makes it a misdemeanor to "willfully stand, sit, or lie upon a highway or street in such a manner as to impede the regular flow of traffic," and said participation in a demonstration that impedes a highway can elevate the offense. The attorney also said the county could adopt an ordinance regulating time, place and manner of gatherings on state roadways in unincorporated areas; municipalities would need their own ordinances inside their boundaries.

"The school can have policy or put up no trespassing signs, some things of that nature. They can control crowds on their property. But interrupting the flow of traffic on a state highway or street is another issue," the county attorney said.

Commissioners asked staff to check statute citations, possible civil citation amounts and options for permitting or designating alternate protest locations and times so demonstrations would not disrupt school operations. One commissioner suggested civil citations revenue could be used to benefit the schools; the attorney said she would check legal parameters.

Ending: The sheriff and county attorney will follow up with the board and report potential ordinance language, permit fee amounts, and enforcement options at a future meeting.