Legislature will agree with proposed changes, bill sponsor says
By Nikita Biryukov, NJ Monitor
Gov. Phil Murphy, citing First Amendment concerns, has conditionally vetoed legislation intended to deter disruptive pop-up parties that have harried shore towns in recent summers.
Murphy on Thursday said he supports the bill’s intent but worries its language could chill free speech and peaceful protest, and he warned provisions could criminalize lawful mask wearing. Civil rights advocates had urged Murphy to veto the bill.
“My proposed changes recommend modest revisions that preserve the intent and integrity of the bill, while ensuring that First Amendment rights are not inadvertently hindered,” the governor said in his veto message.
The bill, which won unanimous votes in both legislative chambers in March, would have created new criminal charges of inciting a public brawl for those who “engage” or “promote” at least four others to engage in disorderly conduct.
Murphy’s conditional veto suggests lawmakers change the bill to say those who “incite” or attempt to incite at least four others to such conduct could be charged with inciting a public brawl. Under both versions of the bill, inciting a public brawl would carry maximum penalties of 18 months’ imprisonment and a $10,000 fine.
Civil liberties advocates who had cautioned about the impact the bill could have on constitutionally protected speech hailed the governor’s action.
“By conditionally vetoing this bill, we can now work to ensure that no New Jerseyan can be targeted by law enforcement for exercising their First Amendment rights,” said Jim Sullivan, interim policy director for the American Civil Liberties Union of New Jersey. “Amidst unprecedented attacks on the right to protest and assemble, we’re calling on state lawmakers to protect our most fundamental civil rights and liberties.”
Lawmakers backed the bill in a bid to stop pop-up parties that have drawn teens and young people in numbers that have overwhelmed local law enforcement in some shore towns. Last Memorial Day weekend, a fight between large groups of teenagers in Ocean City ended with a 15-year-old stabbed.
The bill would also have added a disorderly persons offense for those who attempt to conceal their identities while engaging in disorderly conduct. Murphy wants lawmakers to add exceptions for medical, religious, or expressive masks, and for disguises.
Disorderly persons offenses are what New Jersey calls misdemeanors. They carry penalties of up to six months’ imprisonment and fines of not more than $1,000.
The bill’s chief Senate sponsor said legislators would take up the changes, which he viewed as largely technical.
“I’ve showed it to police chiefs in our district. They don’t believe it substantially changes their ability to use this statute on people that are coming into their jurisdiction and trying to create public brawls and major disruptions and take over events and cause mayhem and havoc,” said Sen. Paul Moriarty (D-Gloucester).
He said he hopes to have both chambers concur with the conditional veto by the end of the Senate’s June 2 voting session.
