Liability of Governmental Entity for Damages, Injury, or Death Proximately Caused by Governmental Entity Intentionally Prohibiting or Preventing Law Enforcement or Fire and Rescue Services From Accessing Specifically Bounded Area Within Governmental Entity's Jurisdiction During Public Demonstration

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  1. A governmental entity shall not intentionally prohibit or prevent law enforcement or fire and rescue services from accessing a specifically bounded area within the governmental entity's jurisdiction during a public demonstration unless the services are replaced by like services provided by another governmental entity.
  2. A governmental entity violating subsection (a) may be held liable, subject to the limits set forth in this chapter, for damages, injury, or death proximately caused by the governmental entity intentionally prohibiting or preventing law enforcement or fire and rescue services from accessing a specifically bounded area within the governmental entity's jurisdiction during a public demonstration.
  3. As used in this section, “governmental entity” means a mayor, chief executive officer, governing body, board, commission, committee, or department of a municipality, county, or other political subdivision of the state.
  4. This section does not apply to tactical decisions made by law enforcement or fire and rescue services personnel based on the risks to or safety of personnel or the public.


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