2006 Kansas Code - 21-4015

      21-4015.   Funeral picketing; unlawful acts; penalty; other relief. (a) This section shall be known and may be cited as the Kansas funeral picketing act.

      (b)   The legislature finds that:

      (1)   It is generally recognized that families have a substantial interest in organizing and attending funerals for deceased relatives; and

      (2)   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; and

      (3)   picketing of funerals causes emotional disturbance and distress to grieving families who participate in funerals; and

      (4)   full opportunity exists under the terms and provisions of this section for the exercise of freedom of speech and other constitutional rights at times other than within one hour prior to, during and two hours following the commencement of funerals.

      (c)   The purposes of this section are to:

      (1)   Protect the privacy of grieving families within one hour prior to, during and two hours following the commencement of funerals; and

      (2)   preserve the peaceful character of cemeteries, mortuaries and churches within one hour prior to, during and two hours following the commencement of funerals.

      (d)   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.

      (2)   "Picketing" means protest activities engaged in by a person or persons stationed before or about a cemetery, mortuary or church within one hour prior to, during and two hours following the commencement of a funeral.

      (e)   It is unlawful for any person to engage in picketing before or about any cemetery, church or mortuary within one hour prior to, during and two hours following the commencement of a funeral.

      (f)   A violation of subsection (e) is a class B person misdemeanor. Each day on which a violation of subsection (e) occurs shall constitute a separate offense.

      (g)   Notwithstanding the penalties provided in subsection (f), 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 subsection (e).

      (h)   If any provision of this section or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this section which can be given effect without the invalid provisions or application. To this end the provisions of this section are severable.

      History:   L. 1992, ch. 210, § 4; L. 1993, ch. 291, § 138; L. 1995, ch. 265, § 1; May 25.