Court Rules Parking Meter “Robin Hoods” Are Protected By First Amendment – Consumerist

Consumerist

A city in New Hampshire says that its parking enforcement officers have been harassed and kept from doing their duties by a group of “Robin Hoods” who follow the officers around, not only putting coins in expired meters before cars can be ticketed, but videotaping and speaking rudely to them. Yesterday, the state’s highest court ruled that this behavior is protected by the First Amendment, but will give the city one more chance to argue for some sort of injunction to put some distance between the Robin Hoods and the officers.

The city of Keene, NH, had tried to bring a civil case of tortious interference against the Robin Hoods, claiming the group’s actions were preventing the enforcement officers from doing the work they were contracted to do. The city said the lawsuit wasn’t intended to stop the anti-meter protesters from filling up expired meters or from videotaping officers, but to hold the Robin Hoods responsible for the more allegedly obnoxious aspects of their protest.

A trial court had dismissed the city’s complaint, saying the defendants’ actions were permitted by the First Amendment as the protest was taking place in a proper public forum and involved a genuine matter of public concern.

But in appealing that dismissal, the city contended that certain behaviors — “following closely, chasing, running after, approaching quickly from behind, lurking outside bathrooms, yelling loudly, and filming from close proximity” — are not protected by the First Amendment, and that this conduct made the defendants liable for the enforcement officers being unable to do their job.

The defendants countered that “Even those activities that did not involve speech (are) expressive conduct entitled to First Amendment protection,” and thus shielded from tort liability.

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http://consumerist.com/2015/06/10/court-rules-parking-meter-robin-hoods-are-protected-by-first-amendment/