Oklahoma § 21-1380 - Oklahoma Funeral Picketing Act — Findings — Purposes —

§ 21-1380. Oklahoma Funeral Picketing Act — Findings — Purposes —

Definitions — Penalties — Damages.

A. This section shall be known and may be cited as the

“Oklahoma Funeral Picketing Act”.

1. The Legislature finds that:

a.

it is generally recognized that families have a

substantial interest in organizing and attending

funerals for deceased relatives,

b.

the interests of families in privately and peacefully

mourning the loss of deceased relatives are violated

when funerals are targeted for picketing and other

public demonstrations,

c.

picketing of funerals causes emotional disturbance and

distress to grieving families who participate in

funerals, and

d.

full opportunity exists under the terms and provisions

of this section for the exercise of freedom of speech

Oklahoma Statutes - Title 21. Crimes and Punishments

and other constitutional rights at times other than

the period from two (2) hours before the scheduled

commencement of funeral services until two (2) hours

after the actual completion of the funeral services.

B. The purposes of this section are to:

1. Protect the privacy of grieving families during the period

from two (2) hours before the scheduled commencement of the funeral

services until two (2) hours after the actual completion of the

funeral services; and

2. Preserve the peaceful character of cemeteries, mortuaries

and churches from two (2) hours before the scheduled commencement of

funerals services until two (2) hours after the actual completion of

the funeral services.

C. As used in this section:

1. "Funeral" means the ceremonies, processions and memorial

services held in connection with the burial or cremation of the

dead; and

2. "Picketing" means protest activities engaged in by a person

or persons within one thousand (1,000) feet of the property line of

a cemetery, mortuary, church or other place where any portion of a

funeral service is held during the period from two (2) hours before

the scheduled commencement of funeral services until two (2) hours

after the actual completion of the funeral services.

D. It is unlawful for any person to engage in picketing within

one thousand (1,000) feet of the property line of any cemetery,

church, mortuary or other place where any portion of a funeral

service is held during the period from two (2) hours before the

scheduled commencement of funeral services until two (2) hours after

the actual completion of the funeral services.

E. Any person violating the provisions of this section shall be

guilty of a misdemeanor and upon conviction thereof shall be

punished by a fine of not more than Five Hundred Dollars ($500.00),

or by imprisonment in the county jail of not more than thirty (30)

days, or by both such fine and imprisonment.

F. Notwithstanding the penalties provided in subsection E, any

district court may enjoin conduct proscribed by this section and may

in any such proceeding award damages, including punitive damages

attorney fees or other appropriate relief against the persons found

guilty of actions made unlawful by this section.

Added by Laws 2006, c. 4, § 1, emerg. eff. March 3, 2006. Amended

by Laws 2006, c. 244, § 1, emerg. eff. June 6, 2006; Laws 2010, c.

451, § 2, eff. Nov. 1, 2010; Laws 2011, c. 74, § 1, eff. Nov. 1,

2011.