Houston mayor's proposal to ban protests outside his home postponed

Houston Mayor John Whitmire's move to get City Council to prohibit picketing directly outside private homes was temporarily postponed Wednesday to give city leaders more time to review the proposal.

The proposed law would prohibit picketing and demonstrating within 200 feet of a targeted dwelling. It follows months of protests in front of Whitmire's house, as well as the Houston homes of U.S. Senator Ted Cruz and U.S. Rep. Lizzie Fletcher. The demonstrations have taken place in front of the homes of the elected leaders, sometimes lasting well into the night and beginning early in the morning. Earlier this month, eight protestors were given citations for violating the city's noise ordinance during a nighttime, pro-Palestinian demonstration outside Whitmire's house.

"You need to be there to see what they're doing to my neighborhood," Whitmire told City Council members at Wednesday's meeting. The mayor went on to explain that recent demonstrations outside his home included lasers, drums, and bullhorns - and went on until 11 p.m. at night. "It's very frightening. It's not far from my neighbors...They are becoming more aggressive...It's a safety issue. Enough is enough."

However, the proposal raised questions for city council members worried about protecting protestors' civil rights.

"I'm not sure what this is intended to do above that the law already protects," argued councilmember Edward Pollard. "We now find ourselves in a legal battle over freedom of speech."

Councilmember Letitia Plummer, stating she was concerned about "the optics" of how the proposal would look to Houston citizens, snapped back. "It's their right to protest. They have a right to express themselves. We have chosen to be elected officials. That's a risk we have taken." She explained many Houston residents are living in poor conditions, likely much worse than Whitmire's current situation, and the city council cannot just make that magically disappear with a new law.

Whitmire did not agree. 

"It may be your house tomorrow," he said. "It goes beyond the guarantees of the First Amendment." He insisted the proposed law enables demonstrators to continue protesting but keeps them at a "very reasonable distance." He argued the law is not just for politicians, but also pastors, rabbis and imams, who may all be victims of unrest at some point in time.

"I welcome any of you to come over to my house on a Friday night," Whitmire quipped. "I will give you the address." He went on to explain the difficulty he has when friends come over on a Friday night to go out to dinner. They park their cars outside his house and then leave for the night. "You get back home at 9:30 - you ought to see the challenges," Whitmire said. He said his driveway is often blocked and his guests cannot get back to their cars. "You need to come live the experience."

Whitmire spokesperson Mary Benton said the mayor's office was approached by law enforcement leaders and elected officials who wanted rules similar to those in Dallas that restrict picketing in residential areas.