Pending Orange County rules could end most protests outside schools, near playgrounds
Draft rules worked out last week would bar people from picketing or protesting at Orange County schools or public playgrounds occupied by children.
The Orange County commissioners have been discussing rules after several incidents at schools. The rules would not prevent people from protesting at government meetings held at schools, like when members of the right-wing Proud Boys group protested at school board meetings last year.
The rules would apply to Orange County Schools campuses. Chapel Hill-Carrboro City Schools could enforce similar rules if those towns adopt them within their limits. CHCCS officials were not at last Thursday’s meeting, but had suggested a 500-foot buffer at school driveways and no picketing on campus, said County Attorney John Roberts.
Other rules would regulate permitting, acceptable behaviors and other aspects of where and how protests could happen. Violations would be treated as a criminal misdemeanor, with a $100 fine.
Because of that penalty, state law requires the county board to hear the new rules at one meeting, and vote at the next, Roberts said. The commissioners could review the draft rules again June 14, and vote June 21, Deputy County Manager Travis Myren said in an email.
There could be additional discussion about county properties this fall. The commissioners tabled that part of the discussion Thursday.
Free speech vs. public safety
Instead, the discussion delved deeper into concerns about not stepping on people’s right to assembly, protest and free speech.
Commissioner Earl McKee noted that the civil rights movement and other movements to create change “were not achieved by people standing quietly with a sign.”
“They were achieved by people sometimes being loud and obnoxious,” he said.
“I understand the issue with the Proud Boys, and I have no sympathy with that type of verbiage and that type of thinking, but how do I make a distinction between somebody who is advocating for civil rights, for person rights, for whatever rights they have a right to, and somebody that is opposed to something, regardless of whether i agree with it or not?” McKee asked.
Roberts pointed out that even if the rules are prompted by specific groups or ideas, they only address public behavior and safety, which can be regulated.
“There’s nothing in here that says you can’t show up and be a jerk,” Roberts said. “There’s nothing in here that says you can’t show up and start trying to yell at people, and there’s certainly nothing in here that deals with the content of what people are saying.”
Commissioner Jean Hamilton offered a different argument, noting that the rise in suicides and mental health issues are a “testament to how stressed our children are in our current environment.”
“We are not trying to control people’s behavior, because that’s hard to do,” Hamilton said. “What we’re trying to do is have a reasonable limit of where folks are to not impede the public school system, and provide a safe learning experience for students.”
School incidents, staff responsibilities
Orange County Schools Chair Carrie Doyle and OCS Deputy Superintendent of Operations Patrick Abele expressed similar concerns at the meeting.
There were four incidents this school year that made students and staff feel unsafe, they said. In two incidents, Proud Boys showed up at an Orange High School football game and at a school board meeting at Stanback Middle School.
Hostile and racist behavior, and “bigoted, misogynistic, racist, homophobic and transphobic language” was reported at both gatherings, according to an Oct. 11 school board resolution.
More recently, Gretchen Schmid, a parent with the group OCS Truth, posted a video to social media showing her altercation with former OCS school board Chair Hillary Mackenzie.
In the video, Schmid hands out cards for OCS Truth to parents in a pickup line outside an unidentified school. The group formed during the recent school board election to, among other goals, oppose board diversity policies and “obscenity” available in the high school libraries.
Mackenzie follows Schmid, filming and taunting her, until a sheriff’s deputy arrives. The deputy, who speaks with Schmid, confirms that she has a right to protest on the roadside, as long as she doesn’t go on the school campus or block traffic.
That would no longer be the case under the pending county rules, Roberts said.
Abele argued it is the school system’s job to address security vulnerabilities, but it’s dangerous to ask school employees to deal with protesters until a problem requires law enforcement. Some of the protesters were from Charlotte and surrounding counties, he said, while at least a few had out-of-state plates on their cars.
“What we’re asking you is not to put us in that position. School employees should not be engaging individuals who are demonstrating or protesting or picketing on school campuses,” Abele said.
This story was originally published June 6, 2022 at 9:11 AM.
