Under the law, those that approach law enforcement "knowingly or intentionally" within the distance after receiving a warning can face as many as 60 days in jail, according to Newsday. U.S. District Judge John deGravelles heard arguments in a lawsuit regarding the legislation on Wednesday, filed by attorneys from six different news organizations who accuse the state of violating the First and Fourteenth Amendments to the Constitution in enforcing it.
DeGravelles did appear to take exception with the law's lack of distinction between individuals engaged in disruptive or criminal conduct- or members of the public simply watching law enforcement activity at a distance within the 25-foot threshold.
"That person (reporter or bystander) doesn't have to commit a crime. The person doesn't have to act suspiciously and the officer doesn't have to feel threatened," the judge said of the provision. DeGravelles further disclosed how the law could be selectively enforced "willy-nilly," and raised the concern that authorities could enforce the buffer zone out of a mere desire that he or she “doesn't want to be looked at.”
Louisiana state legislators defended the measure as one that would facilitate the safety of police officers performing arrests and other dangerous duties during debate on the legislation earlier this year.
“At 25 feet, that person can’t spit in my face when I’m making an arrest,” Republican state Rep. Bryan Fontenot said of the proposal in committee hearings earlier this year.
“The chances of him hitting me in the back of the head with a beer bottle at 25 feet — it sure is a lot more difficult than if he’s sitting right here.”
No arrests under the new law have been made yet- a fact that attorneys for the state cited in arguing that the plaintiffs were bringing up an entirely "hypothetical" case before the court. Critics of the law
Similar laws in other states have come up short as a result of legal challenges, with laws enacted by Arizona and Indiana nixed by the courts. Florida is set to place a similar law in effect on Jan. 1, having been signed into law by Gov. Ron DeSantis.
DeGravelles is slated to make a ruling regarding the law after the plaintiffs and defense are provided three days each to make additional legal arguments regarding the matter.
