The Highland Park City Council unanimously approved two new ordinances that ban picketing – a form of protest – in residential districts and doubles the fine for certain ordinance violations in response to the early morning protest outside Congressman Brad Schneider’s residence in late June.
The Highland Park City Council held their regularly scheduled meeting on July 29 to vote on the two proposed ordinances.
Both ordinances were among seven policy considerations discussed extensively at the council’s “Committee of the Whole” discussion on July 15.
The new ordinances are in response to recent incidents in the city, most notably the early morning June 29 protest in the 300 block of Woodland Road in front of U.S. Congressman Brad Schneider’s private residence.
In that incident, police encountered 40 protesters carrying banners and shouting pro-Palestinian and anti-semitic chants using loudspeakers and drums at around 2:43 a.m. that morning, city officials said.
The protest was directed at Schneider’s residence and the crowd dispersed in around 30 minutes. No arrests were made.
The first approved ordinance adds a section on picketing to Chapter 132, “Offenses Against Public Peace,” of the Highland Park Code of Ordinances.
The new ordinance bans picketing before or about a residence or within residential districts at any time, except when the residence is used as a place of business, the person is peacefully picketing their own residence, the person is peacefully picketing the place of holding a meeting or assembly on premises commonly used to discuss subjects of general public interest or the person is peacefully picketing a premises not primarily used as a residence.
Additionally, the ordinance bans picketing within 250 feet of any property in the city used for residential purposes at any time before 9 a.m. and after 8 p.m., which is comparable to the city’s existing nuisance regulations.
The city said the new ordinance is consistent with the state law on residential picketing, “yet provides additional regulations unique to Highland Park.”
Section 21.1-2 of the Illinois Criminal Code (720 ILCS 5/21.1-2) says that the criminal offense of residential picketing, a Class B misdemeanor, is when a person “pickets before or about the residence or dwelling of any person, except when the residence or dwelling is used as a place of business.”
The state statute “does not apply to a person peacefully picketing his own residence or dwelling and does not prohibit the peaceful picketing of the place of holding a meeting or assembly on premises commonly used to discuss subjects of general public interest.”
The second approved ordinance doubles the fine for violating the city’s obstruction of street (Section 132.045) and picketing (Section 132.050) sections.
The fine for violating either ordinance now ranges from $50 to $1,000.
“It is imperative that people feel safe in their homes and neighborhoods in Highland Park and it’s critical that this ordinance acts as a deterrent under the extent of the law,” Council Member Barisa Bruckman said at the July 29 meeting.
Council Member Annette Lidawer raised questions about the hours for when picketing would be banned under the new ordinance and how it would apply to other gatherings like candlelight vigils.
“I don’t actually want to stifle the other kinds of wonderful events we have going on that may not be something that someone got a permit for, but a large gathering of some sort. Our vigils, for example. Are those over by 8 p.m.?” Lidawer asked.
Highland Park Corporation Counsel Steven Elrod said the ordinance was designed so that such events can be held at locations like outside the city hall while being more than 250 feet away from residences, which means they can be held at any time.
“I took the philosophy behind the state law [on residential picketing] but expanded it so that all our residential areas are secure,” Elrod said.
Several other council members expressed support for the new ordinance, saying that it helps residents in Highland Park feel safe.
Both ordinances were unanimously passed with “aye” votes from all six council members.
“Thank you all. This was a long journey and a lot to talk about and perhaps there’s more to do, but at the moment, I appreciate our willingness to be bold because we have now taken a step beyond what the state provides, and I’m pretty proud of our action,” Rotering said in response to both ordinances being passed.
City officials are continuing to consider a mask ban at protests or rallies and the possibility of requesting rally or protest organizers provide informational notice of their event to the city.