Nassau County’s Police Buffer Zone Proposal: Will It Hold Up?

Nassau County lawmakers are pushing a new 15-foot buffer zone around police that could send violators to jail for a year, but similar laws have already been struck down by federal courts, making the future of the legislation uncertain.

Key Takeaways

Nassau County, NY has proposed making it illegal to stand within 15 feet of police officers during emergencies, with penalties including up to a year in jail and $1,000 fines.
The bipartisan-supported measure aims to protect first responders from interference and harassment while performing emergency duties.
Critics argue the proposal is unconstitutional and could prevent legitimate public oversight of police activities.
Similar buffer zone laws in Louisiana, Arizona, and Indiana have been blocked by federal judges for constitutional violations.
The proposal goes beyond existing state laws that already penalize interference with first responders.

Proposed Buffer Zone Faces Constitutional Questions

Nassau County legislators have introduced a measure that would establish a 15-foot “buffer zone” around police officers and first responders during emergency situations. The proposed law would make standing within this buffer a misdemeanor offense punishable by up to a year in jail and a $1,000 fine. Supported by members of both political parties, the measure represents an effort to address what proponents describe as increasing interference with emergency personnel during critical situations.

Republican legislator Seth Koslow, who supports the bill, emphasized that the measure transcends party lines. According to Koslow, the legislation is meant to create space for emergency personnel to effectively perform their duties without interference from bystanders or potentially hostile individuals. The county proposal would expand existing state laws that already criminalize interference with emergency workers’ duties.

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Legal Precedent Points to Likely Court Challenges

The Nassau County proposal could face hurdles based on recent federal court decisions. Similar laws establishing police buffer zones have been struck down in multiple states. In Louisiana, a federal district court blocked a law that criminalized approaching within 25 feet of a law enforcement officer after being told to stay back. Judge John W. deGravelles ruled the statute was unconstitutionally vague and violated the Fourteenth Amendment due to its lack of specificity.

Federal courts in Arizona and Indiana have reached similar conclusions when evaluating comparable buffer zone laws. Legal experts anticipate any buffer zone legislation enacted in Nassau County would likely face immediate constitutional challenges. Critics argue the measure’s broad language could potentially give officers wide discretion to determine when the 15-foot restriction applies and against whom it is enforced.

Critics’ Concerns Mount

Critics have raised significant concerns about the proposed legislation’s impact on constitutional rights. The New York Civil Liberties Union has been particularly vocal in its opposition, arguing the measure could interfere with citizens’ First Amendment rights to observe and document police activity. This right has been consistently upheld by courts as a critical mechanism for government accountability and transparency.

Justin Harrison, senior policy counsel at the New York Civil Liberties Union, has argued that such buffer zones could be selectively enforced to prevent documentation of police misconduct. The organization has pointed to numerous instances where recordings by bystanders have provided crucial evidence in cases of alleged police misconduct, evidence that might never have come to light under the proposed restrictions.

Looking Ahead to the Bill’s Future

As the Nassau County legislature considers this proposal, law enforcement groups have largely expressed support, citing increasing challenges facing officers in the field. A public hearing will be required before final passage, where both supporters and opponents will have an opportunity to address lawmakers directly. The measure’s ultimate fate may depend on how lawmakers balance legitimate safety concerns for emergency personnel against established constitutional protections.

If passed, the legislation would join a growing national debate about the appropriate boundaries between public oversight and law enforcement operations. Similar measures have been proposed in other jurisdictions across the country, reflecting ongoing tensions over police accountability and public safety priorities. Based on legal precedent, any enacted version would likely face immediate court challenges that could ultimately determine its enforceability.