Free Speech Advocates Oppose 'Buffer Zone' Bill Tied To UES Protest

UPPER EAST SIDE, NY — More than 85 advocacy organizations have signed onto a New York Civil Liberties Union letter to Albany officials against proposed protest-free "buffer zones" on Wednesday.

The buffer zone proposals in question stem from a pro-Palestine protest in November outside Park East Synagogue in Lenox Hill. The protest was in opposition to an event at the synagogue run by Nefesh B'Nefesh, a nonprofit that helps North American Jewish people move to Israel.

Clips of the protest circulated widely following the event, where people were heard chanting "globalize the intifada," prompting outrage from elected officials, as well as bills to keep protestors from getting too close to the entrances and exits of houses of worship, from Albany, as well as Upper East Side Councilmember Julie Menin.

In the letter, addressed to Hochul, Majority Leader of the New York State Senate Andrea Stewart-Cousins, and New York State Assembly Speaker Carl Heastie, the NYCLU argues that buffer zones would invite arbitrary and biased policing and threaten New Yorkers’ First Amendment rights.

The letter also argues that the proposals are unnecessary because state and federal laws already provide protections.

Nearly 85 organizations signed onto the letter, including free speech and civil liberties groups, reproductive rights advocates, Jewish and Muslim organizations, immigrants’ rights organizations, criminal justice reform groups, public defenders, privacy advocates and education groups, among others.

"Creating anti-speech zones to prohibit protest outside New York’s houses of worship and reproductive health clinics would trample on New Yorkers’ First Amendment rights, open the floodgates for selective and biased policing, and undermine the robust protections that already exist in New York law for anyone entering and leaving a house of worship or health clinic," Justin Harrison, senior policy counsel at the NYCLU, said.

Menin, who was recently elected as the first Jewish speaker of City Council, proposed legislation, Intro 0001-2026, which would create a designated buffer zone around the entrances and exits of houses of worship, aimed at preventing harassment, intimidation or interference with people attending religious services.

If passed, the bill would establish security perimeters of up to 100 feet around doors to houses of worship to keep protestors at a distance from people entering and exiting.

Hochul, in her "State of the State" speech in January, also said she'd be advancing legislation to establish buffer zones around houses of worship and health care facilities.

"Taking lessons learned from approaches adopted in other jurisdictions, these buffer zones will protect individuals from harassment and obstruction while preserving the right to lawful expression," she said at the time.

"As a Jewish New Yorkers, we can understand that the image of people protesting outside a synagogue can spark discomfort and even real fear, and we strongly believe that people should be able to pray and observe religious holidays without fear of harassment," Sophie Ellman-Golan, communications director at Jews For Racial & Economic Justice, said. "But when houses of worship host non-religious political events, they are making a choice with the knowledge that they might be protested for doing so; and restricting protest is not the best interest of any New Yorkers — including Jews."

See the letter from the NYCLU here.

For questions and tips, email Miranda.Levingston@Patch.com.

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