Associated Press
BATON ROUGE, La. — A federal judge has blocked the enforcement of a Louisiana law that makes it a crime to approach within 25 feet (7.6 meters) of a working police officer after being ordered or asked to step back.
In an order issued Friday granting a preliminary injunction, U.S. District Judge John deGravelles said that the police-buffer law violated the 14th Amendment to the U.S. Constitution because it is too vague, The Advocate/Times-Picayune reported.
The injunction was sought by several media outlets who sued over the law approved by the Louisiana Legislature and which took effect Aug. 1. A court hearing was held in December.
The law isn’t clear about what actions might prompt officers to issue a retreat order, the judge wrote, and it lacks standards officers should follow in issuing such an order.
“The threat of arbitrary and discriminatory enforcement is great,” deGravelles wrote.
Under the law, anyone who is convicted of “knowingly or intentionally” approaching an officer who is engaged in “official duties,” and after being ordered to “stop approaching or retreat,” faces up to 60 days in jail, a maximum $500 fine, or both.
The law’s opponents contend the enforceable “buffer zone” also could hinder reporters’ rights to film and observe officers, and therefore infringe on their ability to gather news.
“Plaintiffs’ First Amendment right to gather the news is likely to be impaired if the Act is not enjoined,” deGravelles wrote.
The state’s attorneys are defending the law and wanted the judge to dismiss the case, which deGravelles also declined to do Friday. In court in December, the state lawyers argued that media outlets presented “hypothetical” situations and pointed out that no arrests associated with the new law had been made.
Attorney General Liz Murrill said Friday in a statement after the ruling that she would continue to defend the law in court.
“We think it is a reasonable time, place, and manner restriction from obstructing and interfering with working police,” she said. “We are trying to protect the public. This is a reasonable law.”
Similar laws have been passed in other states in recent years. In Arizona and Indiana, courts blocked such measures from being enforced.
