County Legislature OKs Limits On Funeral Protests

Back in March, Rockland County Legislature member Ed Day, R-New City, called for county legislation that would create "legal, enforceable buffers" from military funerals being conducted on county property with hopes of expanding it to cover all funerals conducted within Rockland County.

This was a week after the U.S. Supreme Court upheld the right of the Westboro Baptist Church of Topeka, KAN, to picket military funerals, which the group has done for years to draw attention to the views of its members that U.S. deaths in Afghanistan and Iraq are God's punishment for the nation's tolerance of homosexuality, according to a previous .

Last night, the county legislature met and listened to the public speak in support of Day's proposal before voting unanimously to pass it into local law. Day also was able to expand it, as he had hoped.

"We would be on more solid grounds from a constitutional perspective and also be more comprehensive if we included all funerals within this legislation," he said.

This legislation will authorize an enforceable buffer zone of up to 750 feet where picketing, sound amplification, placards, signs, etc. can not be done within one hour prior to, during, or one hour following the commemorative service. "What this Legislation generally does is identify and describe funeral-related events as commemorative services to include gatherings and locations where burials, funerals, memorial services, processions, etc" take place.

"I cannot even begin to conceive of the pain that would be caused by these type of demonstrations coming at people's weakest and most grievous moments when they are simply trying to put to rest their loved one who happened to be a true hero," Day said. "It's hard to believe we need to legislate something that should be common sense and common decency."

"I think Legislator Ed Day has worked very hard to craft this law," said Legislator Ilan Schoenberger.

Here are Day's main points behind this legislation:

• "Why is this legislation compelling, particularly here in Rockland? Some here tonight may know of this group, as they had announced plans to picket a school production of the in Nyack as recently as last November and actually held a demonstration in Nyack six years ago."
• "A compelling matter of public safety. Of late, veterans and military groups have taken it upon themselves to attend these funerals with the express intention of shielding the mourners from the view and actions of these demonstrations."
• This would be extremely difficult for law enforcement to deal with... I do not think it takes a lot of imagination to see a highly charged and explosive situation unfold where a group shows up at a time when people are emotionally distraught and simply trying to put their loved one to eternal rest."

"To support this resolution and this law, no matter what race or religion, we all feel the same way. It's a brotherhood," said Legislator Philip Soskin. "Having been a veteran myself, I know how they feel. There's a time to demonstrate and there's a time to be respectful."

Day also noted a particular person that helped in the 5-month process of drafting this legislation.

"Make mention of a call from Mr. Al Snyder—subject of this court decision—whose 20-year-old son, Marine Lance Corporal Matt Snyder, was killed in action in Al Anbar Province Iraq on March 3, 2006. He was subjected to this type of demonstration when his family tried to bury their son," he said. "I believe this is something that makes sense, is compelling and simply is the right thing to do for the people of Rockland."

There was no hesitation in the legislature's voting. It was passed unanimously immediately.

"On 9/11, my (fire) house lost 15 men," said Legislator Bob Jackson. "I could not fathom, at all the funerals for my firefighters, if someone could come and protest."

"What a violation of a family's peace and privacy to demonstrate and protest during the final moment when a family needs to say goodbye to a loved one," said Legislature Chairwoman Harriet Cornell.

Afterward, the many veterans who attended the meeting gathered outside.

"There's no reason they (veterans) have to worry about a protest at their funeral," said Vietnam War Veteran William Kelemen, of the Rockland County American Legion. "This is very important. It's not just for veterans, but for all people."

"They (the protesters) ruin that time of healing," said Korean War Veteran Warren Brandt, a United Methodist Minister. "The cost of love is grief. We would grieve so much more if we allowed this to continue."

"On the tomb of an unknown soldier in Arlington, VA, it reads 'Here rests in honored glory, An American soldier known but to God," said Anthony Mele, who served as an Old Guard in Arlington in the 3rd U.S. Infantry. "Soldiers lose their lives in war. The unknowns lose their identity too."