Item 24 - Ordinance Establishing Distance Requirements for Targeted Residential Picketing

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Cal.App.4th 330, the Court of Appeal for the 6th District, upheld an ordinance of the City of San Jose prohibited targeted residential picketing within three hundred feet (300’) of the targeted residential dwelling; and WHEREAS, establishing a distance which must be maintained between residential dwellings and demonstrators targeting those dwellings will serve both these ends and the distance restriction for targeted picketing proposed within this Ordinance preserves ample alternative channels of communication for protestors and demonstrators to disseminate their message(s) and/or idea(s); and WHEREAS, this Ordinance establishes a clear and precise buffer zone between picketers and a targeted residences so as to preserve Santa Ana residents’ right to privacy and prevent siege upon target residents while providing a space for picketing; and WHEREAS, on February 22, 2024, a large group of protestors targeted a public official’s private event at or near a private banquet hall in the City and with the use of a bullhorn, began screaming vulgar and obscene statements about the public official creating fright, terror and intimidation to those attending the event, blocked traffic, and followed guests to vehicles resulting in a 911 call; and WHEREAS, on February 24, 2024, protestors targeted and congregated on or in close proximity to Congressman Lou Correa’s private residence at approximately 6:00 a.m. resulting in an unwarranted invasion of residential privacy for the occupants and instilling feelings of captivity, fear and intimidation to the target occupants; and WHEREAS, because these actions pose an imminent threat to the public peace and safety, the immediate preservation of the public peace, health or safety is warranted; and WHEREAS, pursuant to Santa Ana City Charter sections 415 and 417, based on the above findings, this Ordinance is declared by the City Council to be necessary as an emergency measure to protect and preserve the health, safety and welfare of the citizens of the City of Santa Ana and will become effective immediately if passed by the affirmative votes of at least two -thirds (2/3) of the members of the City Council. The City Council hereby finds that there is an urgent need to adopt these regulations in order to address the current and immediate threats set forth above. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. Recitals. The recitals above are true, correct and each incorporated herein by reference and adopted as findings by the Santa Ana City Council (“City Council”).