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Town attorney presents draft obstruction code; council asks for legal review on scope and First Amendment implications
Summary
Town attorney presented draft regulations criminalizing obstruction of government duties; council raised concerns about whether the language could chill lawful protest or remove defenses when officers act unlawfully and requested follow-up with the prosecutor and police chief.
Town attorney Jennifer Mountain presented draft ordinances aimed at criminalizing obstruction, impersonation of officials and interference with emergency responders. She said the draft was modeled on an existing town code to support unified enforcement in the region and to align with the new shared public-safety team.
Councilors asked clarifying questions about specific provisions. One member asked whether the draft would criminalize peaceful protest; Mountain said prosecutions would depend on whether conduct crossed into obstructing government operations (for example, blocking access to a building) and acknowledged that First Amendment considerations would shape enforcement. Another council member asked whether the draft allows no defense based on an argument that an officer was acting unlawfully; Mountain said she would research the provision further and return with recommended edits.
Council members requested that the town attorney consult the police chief and the municipal prosecutor before returning with proposed language. Members emphasized the sensitivity of criminalizing obstructive conduct and the need to balance officer safety, public-order concerns and constitutional protest rights. No ordinance was adopted at the work session; staff said they will seek additional legal input and present revisions at a future meeting.
