Explanation
In response to the disruptive nature of the aggressive tactics employed by federal immigration enforcement officers, this ordinance is one in a package of policies intended to curb federal overreach and abusive enforcement practices. These policies reflect Council’s commitment to ensuring that Columbus is a place where people can feel safe going to work, opening businesses and investing in their future.
This particular ordinances creates Sections 2317.53 and 2317.54 to add protections for schools and child day care centers by making certain disruptive activities a first-degree misdemeanor. These activities include, but are not limited to: obstruction of the premises, disorderly conduct within fifteen feet of the premises, physical restraining or other violence or threats to do the same, and harassment of school or day care center employees on the basis of their work at such a facility.
Emergency Designation: Because this is an active, ongoing public safety issue, emergency action is requested to allow Columbus residents, families, and employees additional safety and recourse as soon as possible.
Title
To enact Sections 2317.53 and 2317.54 of the Columbus City Codes to protect schools, child day care centers, and their employees from harassment; and to declare an emergency.
Body
WHEREAS, Columbus is a welcoming city and is home to thousands of immigrants, refugees, and naturalized residents; and
WHEREAS, Columbus City Council has an obligation to enact policies that protect our residents; and
WHEREAS, this ordinance is one in a package of policies intended to curb federal overreach and abusive enforcement practices; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus in that there is an active, ongoing public safety issue for Columbus residents, families, and employees requiring immediate action for the preservation of the public health, peace, property, safety and welfare; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That Chapter 2317 of the Columbus City Codes is hereby amended through the enactment of new sections 2317.53 and 2317.54 to read as follows:
2317.53 Obstruction and Harassment of Schools and Child Day Care Centers
(A) As used in this section:
(1) “Child day care center” shall have the same meaning as section 3303.03 of the Columbus City Codes.
(2) “Premises” means any land, building, structure or place belonging to, controlled by, or in custody of another, and any separate enclosure or room, or portion thereof.
(3) “School” shall have the same meaning as in section 3303.19 of the Columbus City Codes.
(B) No person shall knowingly do any of the following:
(1) Physically obstruct or block another person from entering into or exiting from the premises of a school or child day care center by physically striking, shoving, restraining, grabbing, or otherwise subjecting the person to unwanted physical contact, or attempt or threaten to do the same;
(2) Obstruct or block the premises of a school or child day care center so as to impede access to or from the premises, or attempt to do the same;
(3) Engage in disorderly conduct as set forth in section 2317.11 of the Columbus City Codes within fifteen feet of the premises of a school or child day care center;
(4) Engage in a course of conduct or repeatedly commit acts within fifteen feet of the premises of a school or child day care center when that behavior places another person in reasonable fear of physical harm, or attempt to do the same.
(C) Whoever violates this section is guilty of impeding access to education, a misdemeanor of the first degree on a first offense. An offender who previously has been convicted of or pleaded guilty to one or more violations of division (B) of this section is guilty of a misdemeanor. The court shall impose a mandatory jail term of at least three (3) days, which shall not be suspended, shall be a period of consecutive confinement, and during which mandatory minimum jail term the defendant shall not be eligible for probation, house arrest, or work release. The court may sentence the offender to a maximum fine of $1,000 and notwithstanding the terms of imprisonment set forth in Chapter 2929 of the Ohio Revised Code, a jail term not to exceed one (1) year.
(D) If any clause, sentence, paragraph, subdivision, section or part of this law or the application thereof, to any person, individual, corporation, firm, partnership, entity or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional such order of judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this law or its application to the person, individual, corporation, firm, partnership, entity, or circumstances directly involved in the controversy in which such judgment or order shall be rendered.
2317.54 Harassment of School and Child Day Care Center Employees
(A) As used in this section:
(1) “Child day care center” shall have the same meaning as section 3303.03 of the Columbus City Codes.
(2) “Child day care center or school employee” shall include both employees and independent contractors.
(3) “Employee” means an individual meeting the criteria for an employee under the parameters of the right to control test established by the United States Internal Revenue Service, or any successor test.
(4) “Independent Contractor” means a person that meets the criteria for an independent contractor under the parameters of the right to control test established by the United States Internal Revenue Service, or any successor test.
(5) “School” shall have the same meaning as in section 3303.19 of the Columbus City Codes.
(6) "Telecommunication" has the same meaning as in section 2913.01 of the Ohio Revised Code and shall include, but not be limited to, any email, voicemail, fax, text, instant message, communication over or through any social media platform, and any other form of digital, electronic, or telephonic communication.
(7) "Telecommunications device" has the same meaning as in section 2913.01 of the Ohio Revised Code.
(8) "Communication" shall include any other method of communication not set forth above including, but not limited to, any communication via U.S. Mail, private mail service, private delivery service, by in-person conduct, or through any other method intended to communicate with a child day care center or school employee.
(B) No person shall, directly or indirectly, knowingly make or cause to be made a telecommunication, or knowingly permit a telecommunication to be made from a telecommunication device under such person's control, to a child day care center or school employee with purpose to threaten, intimidate, menace, coerce, abuse, or harass such employees regarding or in connection with their duties or responsibilities pertaining to the operation of the school or child day care center.
(C) No person shall, directly or indirectly, knowingly engage in conduct or any form of communication or knowingly encourage another to engage in such conduct or communication with a child day care center or school employee with purpose to threaten, intimidate, menace, coerce, abuse, or harass such person regarding or in connection with their duties or responsibilities pertaining to the operation of the school or child day care center.
(D) Whoever violates this section is guilty of harassing an educator, a misdemeanor of the first degree on a first offense. An offender who previously has been convicted of or pleaded guilty to one or more violations of division (B) of this section is guilty of a misdemeanor. The court shall impose a mandatory jail term of at least three (3) days, which shall not be suspended, shall be a period of consecutive confinement, and during which mandatory minimum jail term the defendant shall not be eligible for probation, house arrest, or work release. The court may sentence the offender to a maximum fine of $1,000 and notwithstanding the terms of imprisonment set forth in Chapter 2929 of the Ohio Revised Code, a jail term not to exceed one (1) year.
(E) If any clause, sentence, paragraph, subdivision, section or part of this law or the application thereof, to any person, individual, corporation, firm, partnership, entity or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional such order of judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this law or its application to the person, individual, corporation, firm, partnership, entity, or circumstances directly involved in the controversy in which such judgment or order shall be rendered.
SECTION 2. That for reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared an emergency measure and shall take effect and be in force from and after passage and approval by the Mayor, or ten (10) days after passage if the Mayor neither approves nor vetoes the same.