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Resolution to Strengthen Police Training, Police Planning, and to Develop Amendments to City Code to Protect Places of Religious Worship
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Whereas, Incidents of interference, intimidation, and violence against religious worshippers in and around places of religious worship have been increasing in the United States and worldwide;
Whereas, An Ann Arbor synagogue has been the target of antisemitic picketing for two decades;
Whereas, A Grand Blanc chapel, a Metro Detroit synagogue, and a San Diego mosque, were recently targets of attacks;
Whereas, People of all religious faiths are entitled to worship where they choose, without intimidation or interference;
Whereas, Michigan State Law provides protections for the free exercise of religion and prohibits hate crimes:
• Under MCL 750.147b an individual is guilty of a hate crime if that individual: maliciously and intentionally uses force or violence against another individual; causes bodily injury to another individual; stalks another individual; damages, destroys, or defaces any real or personal property of another individual; and/or makes a true threat to engage in prohibited conduct described above without the consent of the individual based in whole or in part on an actual or perceived characteristic of that individual, regardless of the existence of any other motivating factors;
• MCL 750.169 prohibits a person from: entering or attempting to enter any private property where the person knows people are meeting or are intending to meet in the pursuit of their free exercise of religion with the intent to disrupt that meeting; after being instructed to leave, remain on or attempt to remain on any private property where the person knows people are meeting or are intending to meet in the pursuit of their free exercise of religion with the intent to disrupt that meeting and/or; intentionally obstructing or attempting to obstruct the entrance to or exit from any private property where the person knows people are meeting or are intending to meet in the pursuit of their free exercise of religion with the intent to disrupt or prevent that meeting;
• MCL 750.170 prohibits causing disturbance at lawful meetings, public buildings, or business places, which directly applies to disrupting a religious service;
Whereas, Ann Arbor City Code, Chapter 108, Section 9:62(7) Disturbance of the Peace provides that: No person may make or excite a disturbance in either a business place, at an election place, in a street, lane, alley, highway, public grounds or park, in a public building, or at a public meeting where people are peaceably and lawfully assembled which would include places of religious worship even though the ordinance does not explicitly include places of religious worship; and
Whereas, City Council acknowledges that it is important for Ann Arbor Police Officers to enforce State and local laws while sustaining First Amendment rights, which requires a detailed understanding of the applicable laws;
RESOLVED, That City Council directs the City Administrator to:
1. Develop and deliver renewed and strengthened training for the AAPD and other employees of the City of Ann Arbor regarding the current state of Federal, State and City laws and the distinction between hate crimes, acts of discrimination, and First Amendment-protected activity, and cultural sensitivities with respect to the foregoing;
2. Ensure that all AAPD policies that direct police action when public protests occur are updated as necessary to fully account for the current state of the law with respect to hate crimes, acts of discrimination, and First Amendment-protected activity;
3. Ensure that all AAPD training and policy updates that result from this resolution are shared with ICPOC; and
4. No later than 45 days after the request of an authorized representative from a religious group regarding a building, structure, or place that is used by that group primarily for religious or divine worship or assembly (such location a “place of worship”), the City Administrator shall develop a plan to respond to public protests that involve violations of state and/or local law at the relevant place of worship while preserving and protecting the rights to free speech and assembly, which plan may include security perimeters or other methods of physical separation/deescalation at entrances to and exits from such place of worship, including parking lots or driveways.
RESOLVED, That City Council directs the City Attorney to bring forth for City Council’s consideration an amendment to Ann Arbor City Code, Chapter 108, Section 9:62(7) to explicitly prohibit disturbance of the peace at places of religious worship; and
RESOLVED, That City Council directs the City Attorney to bring forth for City Council’s consideration an ordinance amendment designed to replicate the effect of Penal (PEN) CHAPTER 40, PART 3, TITLE N, ARTICLE 240 § 69 of the Code of the State of New York to prohibit criminal interference with access to a place of religious worship.
Sponsored by: Taylor, Radina, Eyer, Harrison, Cornell