[Ayatollahgondola]

Originally Posted by Twoller

What is this bill supposed to address? What motivates it? Any particular incidents?

I was able to obtain this from Mendoza's office at the capitol this afternoon. The PDF is attached at the bottom too

AS 123 (Mendoza)
School Safety
Summary
AB 123 would add language to Penal Code 626.8
addressing disruptive messages where the disruption
threatens the physical safety of school children in
preschool, elementary school, or middle school while
they are coming to, leaving or attending school.
Background
On March 24, 2003, at approximately 7:30 a.m., two
vehicles driven by two members of the group Center
for Bio-Ethical Reform, drove around the perimeter of
a middle school as students were walking and being
dropped off for classes. The two vehicles consisted of
a truck displaying billboard-sized graphic photographs
of aborted fetuses and an escort "security vehicle"
equipped with a security cage, red and amber
flashing lights, push bars and antennae mounted on
the roof.
Between 7:15 a.m. and 7:45 a.m., all 1,900 students
of the school arrived on campus in the same location;
the cui de sac where the two vehicles were driving.
Because of the disiurbing nature of the photographs,
some students became angry, some began to cry,
and others stared while standing in the street and on
the sidewalk, creating a traffic safety hazard. School
officials contacted the Los Angeles County Sheriff's
Department. Deputy Sheriff's officers arrived,
detained the two drivers of the vehicles and
eventually determined that California Penal Code
section 626.8 was in violation and asked the drivers
to leave the area around the school.
The Center for Bio-Ethical Reform filed a lawsuit
contending school officials and the sheriffs officers
violated their First and Fourth Amendment rights. The
district court granted summary judgment in favor of
the Sheriff's Dept. and Los Angeles Unified School
District (defendants), at which point the Center for
Bio-Ethical Reform (Plaintiffs) appealed. The Ninth
Circuit Court of Appeals held that Penal Code section
626.8 does not, as written, permit school
administrators to contact local law enforcement in the
event that a person or entity conveys disruptive
messages on an adjacent street where the disruption
threatens the physical safety of children where they
are coming to, leaving from, or attending school.
However, in that opinion, the Ninth Circuit Court of
Appeals acknowledged that should the California
Legislature choose to adopt statutory language to
address this situation, the outcome may be different.
Why AB 123 Is Needed
California schools have the constitutional obligation to
provide safe campuses to students and employees.
The right to free expression is also protected by the
State and Federal Constitutions. However, the right to
free expression is not absolute, and has been limited
within the school context by reasonable time, manner
and place regulations to ensure safety and to
minimize disruption to educational operations.
If school administrators are unable to rely on Penal
Code section 626.8 to address disruptions of schools
that may result in physical harm to students, schools
will lose an important tool in ensuring safe campuses.
This change will help school administrators ensure
student safety without unduly burdening the right of
free expression.
Support
Los Angeles Unified School District LAUSD (Sponsor)
AFSCME
Ocean View School District
County of Los Angeles Sheriff's Dept
Opposition
None on file.
For More Information
Gabby Villanueva
gabriela. [email protected]
(916) 319-2919
Office of Assemblymember Tony Mendoza AS 123 Fact Sheet Page 1