Senator Hastings’ Bill to Protect Mourning Families from Protestors Signed into Law

AUGUSTA – Senator Dave Hastings (R-Fryeburg) was joined by other legislators, the Patriot Guard, veterans and Maine citizens at a ceremony outside the State House on Wednesday, May 30 to witness the Governor sign legislation to protect funerals from unwelcome protests and activists.

Sen. Hastings submitted LD 246: “An Act To Protect the Solemnity and Dignity of a Funeral or Memorial Service in Maine” to create a safety zone around the location of a funeral service. Any demonstrations unwanted by the family of the individual being remembered must take place outside that area long enough to allow the funeral or service to take place in peace.

LD 246 was inspired by the tragic death of Sergeant Corey Allen Dan, of Norway, who was killed in Iraq fighting with the United States Army. Shortly after service arrangements began, members of the Westboro Baptist Church, a hate group based in Kansas, threatened to travel to the Oxford Hills community to protest America and her servicemen and women at Dan’s funeral. Although negative press and an outpouring of support from Mainers across the State dissuaded the Westboro Baptist Church from making the trip, their threats encouraged legislative action.

Sen. Hastings was motivated to introduce the legislation in memory of his brother, who was killed in action during the Vietnam War. “I kept thinking how my mother and family would feel if hate filled protesters chanted and waved signs in our faces at his memorial service,” he said. “I didn’t think any grieving family should ever have to experience that as they say goodbye to their loved ones.”

The Senator attempted to introduce this legislation at the time of Corey Dan’s funeral last year, but there was not enough time remaining in the session to move the bill through the process. The bill was immediately submitted for this session and was enacted by a nearly unanimous vote of the Legislature as an emergency measure, allowing it to immediately go into effect on the day it was signed by the Governor.

In his remarks at the ceremony, Sen. Hastings made a point to assure Mainers that this law was by no means an infringement on free speech. “We [Sen. Hastings, other legislators, Dan’s family] worked hard to create a law which balances the right of protest with the right of family and friends to grieve in peace,” the Senator said. “It is the right of Corey’s family and friends, and the right of all Maine citizens to grieve such a loss in peace—free of unwanted intrusion.”

Sen. Hastings represents District 13, which includes Baldwin, Bridgton, Harrison, Naples, Sebago, Brownfield, Denmark, Fryeburg, Hiram, Norway, Otisfield, Oxford, Paris and Porter. He can be reached in Augusta at 287-1505, in Fryeburg 935-3175, or by e-mail at dhastings@hastings-law.com.

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