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Proposed Bill Would Keep Protesters Away From Funerals

Group Protested A Wisconsin Funeral In October

Posted: 9:33 pm CST January 29, 2006Updated: 10:01 pm CST January 29, 2006

A proposed state bill is aimed at keeping protestors away from funerals.

The proposal was sparked after a Kansas-based religious group protested outside of a Dodge County military funeral last October.

Home video shot that day shows members of the Westboro Baptist Church holding signs, chanting and shouting during the funeral of a fallen Wisconsin soldier.

"I respected their first amendment rights to their message," said Dodge County Sheriff Todd Nehls. "I told them I wanted them to move down the highway where they could be in a place where they would be safe."

Nehls said the move was two-fold.

It was meant to make sure the group didn't entice violence from those attending the funeral and to protect the group from drivers paying more attention to their signs, rather than the road.

"Some drivers might take their eyes off the road, hit another vehicle, and then we would have a traffic fatality in front of a church hosting a funeral," said Nehls.

But lawmakers say the group went too far and now want to make sure protesters can't cause grieving family members any more pain, by their presence.

"It sets up a protection-free-zone," said Rep. Brett Davis. "It would establish a zone 500 feet from a funeral service to give families the ability to have some privacy."

Now the question is whether the proposal infringes on first amendment rights to free speech.

"It finds that balance between the right to free speech and the right to these families to have some privacy," said Davis.

Nehls said if the bill were in place at the time of the funeral last October, things would have gone very differently.

"It would have provided a tool for me to identify a location for them to exercise what they feel is their first amendment right, and do it in a safe and secure manner at a distance," said Nehls.

Shirley Phelps-Roper, an attorney for the religious group condemns the state for considering a bill, reported WISC-TV.

She vows the group, which opposes homosexuality, will protest in Wisconsin again.

If the bill becomes a law, the group would have to do that at least 500 feet away from any future funeral service.

A joint committee will hear public comments on the bill on Wednesday.

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