COLUMBIA – South Carolina House lawmakers are advancing a proposal that would make it a crime for someone, after being warned, to come within 25 feet of on-duty law enforcement officers, firefighters, EMTs or certain medical personnel while they are carrying out their duties.
The HALO bill (Helping Alleviate Lawful Obstruction) was sent Tuesday from the House Judiciary Committee to the House floor on a 15-4 vote. If passed, the measure would make it a misdemeanor to knowingly violate a first responder’s order to stay back and interfere with, harass or distract that person, punishable by up to a $500 fine and 60 days in jail.
Supporters say the bill is needed to protect first responders in increasingly tense public situations. Rep. Melissa Oremus, R-Aiken, the bill’s lead sponsor, said the proposal is intended to establish boundaries so officers and emergency personnel can do their jobs safely. J.J. Jones, executive director of the South Carolina Police Chiefs Association, called the measure a necessity for law enforcement, recalling a past traffic stop in which a man with a camcorder repeatedly approached and tried to provoke him.
Backers, including representatives of sheriffs, police, hospitals, firefighters and emergency medical responders, argued the bill would offer a deterrent before situations escalate. Attorney General Alan Wilson also voiced support, saying while people have a right to peacefully assemble, those who harass law enforcement or first responders should face consequences.
Opponents warned the proposal could violate First Amendment protections. Courtney Thomas of the American Civil Liberties Union of South Carolina said the bill could chill free speech and make it harder for the public to observe and record police activity. She argued that bystander video has played an important role in holding officers accountable, including in the 2015 Walter Scott shooting in North Charleston.
University of South Carolina law professor Seth Stoughton, a former police officer, said courts around the country have repeatedly struck down similar laws as too broad or vague. He pointed to legal challenges in Arizona, Indiana, Louisiana, Tennessee and Florida, where buffer-zone laws have faced constitutional scrutiny.
The South Carolina proposal also extends to hospitals, which supporters say face growing threats from violence in emergency rooms. But critics note that threatening behavior is already illegal and say existing obstruction laws can address many of the concerns without risking unconstitutional limits on speech and public oversight.