Sandy Springs is considering an ordinance to prevent hate speech in public and the distribution of flyers and materials that contain such content.
The city’s approach so far is causing some disagreement among the city council, who all say the topic is an important issue. But the language in a proposed ordinance that focuses on people seeking to disseminate or verbally express information in public is confusing to at least two council members.
Council members Andy Bauman and Dr. Melody Kelley say the ordinance was introduced to the elected body hastily.
The proposed ordinance was brought forth by Mayor Rusty Paul and presented by Police Chief Ken DeSimone during a city council work session on Tuesday.
Bauman told SaportaReport that he wants to ensure First Amendment rights are not violated.
“I just don’t think there was a thorough enough review of this and scrutiny of this,” he said. “It was bungled.”
Bauman said he believes there must be a balance between a person’s right to not be harassed or experience disorderly conduct by another person, and the right to free speech and assembly.
The councilman said he’s concerned that language in the proposed ordinance could “unintentionally infringe on lawful and protected forms of speech and assembly.”
He added, “Disorderly conduct is not protected under the First Amendment and does not require balancing against free speech rights … Any regulation must be narrowly tailored to address specific, demonstrable concerns without compromising constitutional protections.”
Flyers and pamphlets containing anti-semitic messages have been distributed in driveways in Sandy Springs and around metro Atlanta over the last several years. According to the Anti-Defamation League, distribution of propaganda has increased since the attacks in southern Israel on Oct. 7, 2023.
“The environment in our country right now is one in which extremists feel emboldened and are only increasing activity,” said Eytan Davidson, regional director of ADL Southeast, on Wednesday.
The ADL advised Sandy Springs and drafted language for the proposed ordinance that is intended to create a “buffer” between a person seeking to convey a message to another without consent.
Davidson said the organization has helped Brookhaven and Nashville, Tenn., draft similar laws.
In Sandy Springs, this paragraph in the ordinance stirred questions:
“Knowingly approaches another person within eight (8) feet of such person, unless such other person consents, for the purpose of passing a leaflet or handbill to, displaying a sign to or engaging in oral protest, education, counseling, or harassment with such other person in the public way within a radius of fifty (50) feet from any entrance or exit door to a building structure or place owned or operated by an educational institution or facility or place of worship or from the edge of a public right-of-way, walkway, or path…”
During Tuesday’s work session, neither Bauman nor Kelley were able to get clarity on how close a person can get to another if they want to pass a leaflet or verbally convey information.
Kelley wanted to know how to get a person’s consent to approach if they are a lengthy distance away.
“We’re saying that if a person is within a radius of 50 feet, they can’t approach another person handing them a leaflet or educating them about something?” Kelley asked city attorney Dan Lee.
“[Not] without their consent, that’s right,” Lee replied.
Davidson declined to clarify for SaportaReport the language in the paragraph that the ADL drafted.
“This is for city council to debate and figure out what will work best for their municipality,” Davidson said.
