Laura Leslie of WRAL news is reporting on new rules that were adopted earlier today by the NC legislature, rules that will affect citizens visiting the Legislative Building while the General Assembly is in session, particularly activist groups. Among the highlights of the rules adopted for immediate effect by the re-activated Legislative Services Commission (LSC) are:
Some of the changes address old rules that judges have ruled unconstitutional, such as a prohibition on hand-held signs in the building. A judge ruled the ban was a content-based restriction on speech, which violates the First Amendment. Another discarded rule bans the public from the second floor of the Legislative Building.
Other changes, backers say, are simply a reflection of current practices, such as the codification of the reservation procedure for groups wishing to protest at the front of the building.
But there are additional changes that go further.
Under the new rules, any group making enough noise to interfere with conversation at normal conversational levels is creating a “disturbance.” Singing, clapping, shouting, and using a bullhorn are offered as examples of disturbing behavior. All were common during Moral Monday protests in the building last summer.
The new rules also allow police or staff to order people to leave the building if they think those people pose an “imminent threat” of a disturbance, even if they haven’t done anything. If the visitors don’t leave, they can be arrested and charged with a misdemeanor. The term “imminent threat” isn’t defined in the rules.
Representative Tim Moore (R-Cleveland), the Chairman of the LSC, emphasized that the citizenry will continue to have full public access to the building and to their elected representatives, while ensuring that the legislators and their staff members are able to work effectively on the public agenda. He also said that:
“We can’t allow situations where folks would crowd the doors and keep folks from getting onto the House floor or the Senate floor.”
To the predictable protests from the Moral Monday activists, Moore responded:
“Folks can gather all around this building anywhere they want. In fact, it’s good to see people here. That’s not what this is designed to do. Folks will still be here protesting on Monday. They’ll be able to protest lawfully in the way they’ve done in the past. The issue with the Moral Monday protest for the few that got arrested was that they were in an area creating a disturbance at a particular time.”
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