Measure would amend Funeral Picketing Act
April 14th, 2010
OKLAHOMA CITY – The family members of fallen soldiers would be immune from civil liability claims under a proposal that passed the state Senate this week.
Written by Durant Sen. Jay Paul Gumm, a Democrat, House Bill 2572 would better protect soldiers’ families, Gumm said. Gumm’s bill would change the language in Oklahoma’s Funeral Picketing Act, which is aimed at keeping protestors 500 feet away from soldiers’ funeral services. Gumm said the measure also includes a provision ensuring that soldiers’ family members cannot be ordered to pay attorney fees or other court costs resulting from such protests. He said if those family members were provoked by protestors who are in violation of the Funeral Picketing Act, those family members would be given immunity from civil liability claims made as a result of their reaction to the protestors. “We want to send a message loud and clear that we will not tolerate these protestors who show up to inflict pain on family members and show utter disrespect for the men and women who have given their lives in service to this country – nor will we enable them to profit from these heinous activities,” he said. “That is the purpose of my language.” Gumm helped write the original 2006 legislation that created the Oklahoma Funeral Picketing Act. He said he was concerned by a recent federal court ruling in Pennsylvania, where a fallen Marine’s father had been ordered to pay the Westboro Baptist Church of Kansas more than $16,000 in legal fees after the father had sued the church for emotional distress. The case is now headed to the U.S. Supreme Court. “We need to do everything in our power to protect the families of Oklahoma’s fallen military and ensure such groups cannot cause them further pain,” Gumm said. “As this bill goes through the Legislature, I hope my colleagues will continue to support language to better protect Oklahoma families. They deserve no less.”
M. Scott Carter - The Journal Record