New Legislative Building Rules Address Protests, Public Access | Eastern North Carolina Now

    Publisher's note: The author of this post is Barry Smith, who is an associate editor for the Carolina Journal, John Hood Publisher.

Judge called earlier rules unconstitutionally vague

    RALEIGH — New rules are in place at the Legislative Building, just in time for the short session's first Moral Monday protest. The Legislative Services Commission on Thursday adopted new rules seeking to clarify the definition of disruptive behavior. It's in an effort to address an opinion by a Wake County District Court judge who found that the previous rules were unconstitutionally vague. The changes take effect immediately. A Moral Monday protest is scheduled May 19.

    The new rules specify that visitors to the legislative complex may not "disturb or act in a manner that will imminently disturb the General Assembly, one of its houses, or its committees, members or staff in the performance of their duties."

    Any visitors disturbing business will be asked to stop. If they don't stop, they will be asked to leave immediately. If they fail to comply, they will be subject to a misdemeanor charge.

    Sen. Bob Rucho, R-Mecklenburg, said he thought the rules were necessary to protect the legislative staff members and visitors who come to the Legislative Building.

    "Things have changed in America and the world since that time with 9/11 and the like," Rucho said. "To not do something would be probably a mistake on behalf of the Legislative Services Commission."

    Rep. Larry Hall, D-Durham, questioned the need for the changes and said the revisions took a step toward making the Legislative Building less open to the public. "This idea of shutting out the public's primary interest in favor of the legislature I think misses the mark and certainly sets the standard for later for someone to try to imply that we should further restrict that," said Hall, who is the House minority leader. He said the building's purpose is to allow the public access to see their government operate.

    Rep. Tim Moore, R-Cleveland, said people will continue to have open access to the building.

    "I know that this is probably the most open building in state government," Moore said. "Of course, it remains that way with this," Moore said of the modifications.

    The modified rules also address the use of the legislative complex and grounds for organized demonstrations. They specify that a request to use the complex may not be denied based on the content of the messages delivered at a demonstration.

    The rules also update building operation hours, and note that the buildings will be open as long as either chamber is in session or committee meetings are under way. If meetings or sessions extend past normal business hours, the buildings will remain open to the public for 30 minutes after adjournment.

    Some changes are technical in nature. For example, the new rules govern conduct and use of the entire Legislative Office Building. At the time the previous rules were written, the General Assembly did not use the entire building.