A federal judge has issued a temporary halt on the enforcement of a 2023 Indiana law that makes it a criminal offense for anyone to approach within 25 feet of an on-duty police officer after being instructed to stop.
Last year, the state faced a lawsuit from a coalition of media organizations, Indianapolis newspaper, and television stations. The lawsuit was filed in response to lawmakers’ argument that HEA 1186 was enacted to safeguard the police.
According to Sweeney, the law does not specify any actions that would necessitate the police to instruct someone to step back. Furthermore, his decision stated that law enforcement officers cannot anticipate to function within an impenetrable 25-foot barrier.
“Simply being within 25 feet of a police officer is not a crime,” Sweeney wrote. “And indeed, important First Amendment rights are regularly exercised within 25 feet of law enforcement every single day.”
Sweeney further stated that the statute does not specify any behavior that would require police to ask someone to move back. And his decision stated that law enforcement “cannot expect to operate with a 25-foot forcefield around them.”
A resident from South Bend has filed a separate complaint against the buffer statute. The lawsuit is currently before the federal Seventh Circuit Court of Appeals.
