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Council tables draft picketing ordinance changes after constitutional debate; asks staff for alternatives within 30–60 days
Summary
Councilors debated proposed buffer provisions (including a 10‑ft outdoor dining perimeter and 8‑ft approach rule), raised First Amendment concerns and cited case law; council voted to table the draft and directed staff to return with alternative policies and constitutionality analysis within 30–60 days and to arrange a focused convening to refine options.
Fayetteville City Council debated proposed amendments to the city's streets and sidewalks code governing picketing, parades and special events at the Jan. 5 work session and ultimately tabled the draft pending further legal review and policy alternatives.
City attorneys presented amendments that would create location‑based buffers in certain circumstances — including a proposed 10‑foot perimeter around outdoor dining where demonstrators could display messages but would need the dining patron's consent to approach within an 8‑foot distance. Staff framed the proposal as a time‑place‑manner regulation designed to protect both free‑speech activity and the rights of diners and other members of the public to eat, transact and use public space without being individually accosted.
Several council members raised constitutional concerns, warning that place‑based restrictions can become content‑based in enforcement and citing U.S. Supreme Court precedents (for example, Hill v. Colorado and McCullen v. Coakley) and lower‑court rulings that require careful tailoring. Council debated the appropriate burden on the city to demonstrate a significant or compelling government interest and whether existing harassment statutes and traffic/park management tools offer less‑restrictive alternatives.
Given the legal complexity and strong public interest on both sides, council voted to table the draft and instructed staff to return within 30–60 days with alternative approaches, constitutional analysis and stakeholder options. Council suggested convening a focused meeting (special session or dedicated work session) for an in‑depth review rather than treating this as one of many agenda items.
