Restrictions passed

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Appalled by a religious group's noisy, sign-waving protests at funerals of two North Dakota National Guard soldiers, the state Legislature is moving to keep demonstrators at least a city block away.

"Obviously, you can agree or disagree on war … but when someone pays the ultimate sacrifice for our country, and they're a North Dakota boy or girl, and they come back, they deserve the respect of all North Dakotans, and all people," said Rep. Rick Berg, R-Fargo, the House majority leader.

The state House on Friday voted 93-0 to require protesters at any funeral to stay at least 300 feet away from the funeral site, a term that includes a cemetery, church or any building where a funeral is held.

It was sent immediately to the state Senate, which is expected to hold a hearing on the measure soon.

The House Judiciary Committee reviewed the bill, and Rep. William Kretschmar, R-Venturia, said members debated whether to adopt a 300-foot limit or a 500-foot restriction proposed by Rep. Bill Amerman, D-Forman.

Kretschmar said committee members decided on a 300-foot limit because courts have ruled in other protest cases that the shorter distance does not violate First Amendment free-speech rights.

Violating the protest restrictions is a misdemeanor, Kretschmar said. The first violation carries a maximum penalty of 30 days in jail and a $1,000 fine; the second has a penalty of a year in jail and a $2,000 fine.

The legislation is aimed at members of the Westboro Baptist Church of Topeka, Kan., whose members have protested at funerals of soldiers killed in Iraq and Afghanistan.

Church members demonstrated in June 2006 at separate funerals in Fargo and Bismarck for two North Dakota National Guard soldiers, Spc. Michael Hermanson and Sgt. Travis Van Zoest, as well as at other funerals around the country.

The church members say soldiers' deaths are God's punishment for the country's tolerance of homosexuals. They have said restrictions in North Dakota and other states will not stop their demonstrations.

Berg, in a House floor speech Friday, praised the Patriot Guard Riders, a motorcycle group that comes to soldiers' funerals. Berg attended Hermanson's funeral and spoke of his admiration for the Patriot Guard's handling of the protesters.

"They stood shoulder to shoulder around a whole city block, shielding the family from some of the things, the comments that were said, by people who were there just to be disruptive, just to get media attention," Berg said.

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