ELGIN — Under a new city ordinance, protesters who picket within 1,000 feet of a funeral in Elgin could face a $500 fine.
The Elgin City Council voted 4-0 on Feb. 10 to approve the ordinance, which is designed to shield grieving families and preserve the peaceful character of cemeteries, churches and other locations where funerals take place.
The ordinance reflects a 2006 state law, which prohibited picketing beginning one hour before a funeral service until one hour after the service ends. That law also said picketers must be stay least 500 feet away from the service or cemetery.
A 2011 state law strengthened the Oklahoma Funeral Picketing Act by barring protests at a funeral service within two hours before or after the service. The 2011 measure also expanded the buffer zone between protesters and funeral sites from 500 feet to 1,000 feet.
Elgin’s ordinance is intended to let people know that picketing someone’s funeral is inappropriate, said Mayor JJ Francais. He said someone recently staged a protest at the funeral of one of the longest-serving law enforcement officers in Comanche County, while the officer’s family was present.
“I can’t think of a more egregious, despicable act that a human can do,” Francais said. “So before we welcome that behavior here, let’s pass an ordinance, send a message: Simply not welcome.”
The ordinance says protesters may not picket within 1,000 feet of the property line of any cemetery, church or other location where a funeral is taking place. Protests are not allowed beginning two hours before or after the service.
The city normally imposes a $300 fine for misdemeanors, but the council discussed setting the fine for violation of the funeral picketing ordinance at $500.
Francais said the Elgin police chief has told him that law enforcement officers are more willing to write tickets for misdemeanors if the fine is relatively low, but he did not object to raising the fine for violations of the funeral picketing ordinance to $500. People who violate city regulations are typically fined $300.
“I’m frankly, fine with a $500 ticket,” Francais said. “Because you’re knowingly doing it. You’re not texting and driving. It’s a bit more egregious.”
Councilman Phil Britcher said a $500 fine sends the message that people should not protest at someone’s funeral.
“It’s not acceptable behavior, nor is it acceptable behavior for any law enforcement officer that gets paid by this city to not enforce the law,” he said.
Eric Swanson is an awardwinning journalist with more than 20 years’ experience covering local government and criminal justice in Oklahoma, North Dakota and Kansas. He can be reached at eric. swanson@swoknews.com.