(1) The general assembly finds and declares that:
One of the fundamental reasons we humans organize ourselves into societies is toritually assist in and recognize the grieving process;
Funeral picketing disrupts that fundamental grieving process;
Funeral picketing intentionally inflicts severe emotional distress on the mourners;and
Full opportunity exists under the terms and provisions of this section for the exerciseof freedom of speech and other constitutional rights other than at and during the funeral.
(2) The general assembly, therefore, determines it is necessary to enact this section in order to:
Protect the privacy of the mourners during the funeral; and
Preserve a funeral-site atmosphere that enhances the grieving process.
(3) As used in this section:
"Funeral" means the ceremonies, rituals, processions, and memorial services held inconnection with the burial, cremation, or memorial of a deceased person, including the assembly and dispersal of the mourners.
"Funeral picketing" means a public demonstration at a funeral site during the funeralthat is reasonably calculated to inflict severe emotional distress on the mourners.
"Funeral site" means a church, synagogue, mosque, funeral home, mortuary, gravesite, mausoleum, or other place where a funeral is being conducted.
"Mourner" means a member of the decedent's immediate family at the funeral.
It is unlawful for a person to knowingly engage in funeral picketing within one hundred feet of the funeral site or to engage in electronically amplified funeral picketing within one hundred fifty feet of the funeral site.
(a) Each mourner shall be entitled to recover reasonable damages, but not less than one thousand dollars, together with reasonable attorney fees and costs from each person who violates subsection (4) of this section.
(b) The court shall impose joint and several liability on any person who:
Violates subsection (4) of this section by acting in concert with one or more otherpersons; or
Consciously conspires with one or more other persons and deliberately pursues acommon plan or design to commit a violation of subsection (4) of this section.
Source: L. 2006: Entire section added, p. 1200, § 8, effective May 26.
Editor's note: (1) This section was originally numbered as 13-21-125 in House Bill 061382 but has been renumbered on revision for ease of location.
In Snyder v. Phelps, 562 U.S. 443 (2011), the United States Supreme Court held thatthe first amendment shields military funeral protesters from tort liability for picketing because picketing constitutes protected speech on matters of public concern and because the father of the deceased was not a member of a captive audience.
Cross references: For the legislative declaration and short title contained in the 2006 act enacting this section, see section 1 of chapter 262, Session Laws of Colorado 2006.