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Bexley Council undecided on banning certain pickets

Posted: 09/10/2008

Elizabeth Gibson, THE COLUMBUS DISPATCH
 

Bexley City Council members couldn't decide last night whether to pass or reject a ban on picketing targeted at an individual's home, so they tabled the measure.

Council members spent more than an hour discussing the pros and cons of the ban, which was proposed after a doctor who performs abortions complained that protesters were disrupting the peace of his neighborhood.

Mayor John M. Brennan said groups that opposed the ban, such as the American Civil Liberties Union, did not show up at last night's meeting because they were certain that the council would reject the measure.

Every audience member who spoke said they supported the ban.

"I thought I moved into a quiet, peaceful neighborhood until Saturday and Sunday came along and these people came along," said Lloyd Beyor, 69, who moved into the same apartment complex as Dr. Harley Blank four months ago.

Beyor said protesters stopped his car one day and pointed to his residence, informing him, "Baby killers live there."

"They were there with the same crosses, the same ugly pictures, stopping traffic," Blank said. "I don't pay attention to them, but we have a right to privacy. My neighbors have a right to privacy."

City Attorney Lou Chodosh advised the council to reject the ban. He argued that when there is a serious threat, the city already has laws against stalking, menacing, trespassing and disorderly conduct.

"It's just too controversial," he said. "If we couldn't protect them any other way, I would say to pursue it, but I recommend this be withdrawn."

The proposed ban in Bexley would forbid protesters from standing on public property in front of an individual's residence and focusing their protest on that residence. State law allows people to protest on sidewalks and other public property as long as they don't block entrances and exits.

Police Chief Larry Rinehart said his officers have shown up at protests, but they haven't found any legal reasons to stop the picketing.

The U.S. Supreme Court upheld a nearly identical ban in Brookfield, Wis., in 1988, but communities have struggled to find a legal way to actually enforce picketing restrictions. That's why the U.S. 6th Circuit Court of Appeals struck down a similar ban in Upper Arlington 13 years ago after an anti-abortion activist sued.

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