New Nassau County Law Would Establish Police Buffer Zone

Nassau County lawmakers have proposed a controversial 15-foot “buffer zone” around police and first responders that could land violators in jail for a year, but similar laws in other states have been struck down as unconstitutional.

Quick Takes

Nassau County’s proposal would ban individuals from standing within 15 feet of police officers during emergencies, with penalties including a $1,000 fine and up to a year in jail.
The bill has bipartisan support from lawmakers who argue it protects first responders from interference and threats.
Critics, including the New York Civil Liberties Union, claim the law violates constitutional rights and limits public oversight of police.
Similar police buffer laws in Louisiana, Arizona, and Indiana have been struck down by federal judges as unconstitutionally vague.
Legal experts predict the Nassau County measure will face challenges similar to those that succeeded in other states.

Nassau County’s Proposed Police Buffer Zone

Nassau County legislators are advancing a measure that would make it illegal for anyone to stand within 15 feet of police officers or first responders during emergency situations. The proposed ordinance would impose significant penalties on violators, including a misdemeanor charge, a $1,000 fine, and up to one year in jail. The bill aims to create a safety perimeter around emergency personnel, allowing them to perform their duties without interference or harassment from bystanders. Supporters of the measure argue it’s necessary to protect those who protect the community while detractors warn it could undermine constitutional rights.

The proposal has gained bipartisan support in Nassau County, with both Republican and some Democratic lawmakers backing the measure. Republican Legislator John Ferretti, who introduced the bill, emphasized that the buffer zone would only apply during emergency situations when officers or first responders are actively engaged in their duties. The legislation would not prevent people from observing police activities from a reasonable distance, but would aim to eliminate direct interference with emergency operations.

Nassau County wants to make it illegal to stand within 15 feet of cops — but critics say ‘buffer zone’ is unconstitutional https://t.co/ycN69fidra pic.twitter.com/wPnRsb4q4D

— New York Post (@nypost) April 22, 2025

Arguments From Both Sides

Supporters of the measure emphasize that public safety professionals need space to perform critical functions without obstruction. The bill’s proponents argue that creating a buffer zone is a common-sense approach to protecting first responders who are increasingly facing hostile environments while performing their duties. They point to instances where crowds have impeded emergency personnel during critical situations, potentially endangering lives and compromising public safety operations.

“It is important that first responders are not obstructed during emergency situations and that our frontline heroes are allowed to engage in the lifesaving actions they are trained to perform without distractions,” Ferretti said.

Critics of the bill, however, have raised constitutional concerns. The New York Civil Liberties Union has come out strongly against the proposal, arguing that it could be used as a tool to prevent legitimate public scrutiny of police activities. Civil liberties advocates say that the public has a First Amendment right to observe and document police actions in public spaces, which serves as an important check on potential abuses of power. They worry that a buffer zone could be selectively enforced to keep witnesses and journalists from documenting controversial police actions.

Legal Precedents in Other States

The Nassau County proposal mirrors similar laws that have been enacted – and subsequently struck down – in other states. In Louisiana, a federal district court blocked a law that criminalized approaching within 25 feet of a law enforcement officer after being ordered to stay back. Judge John W. deGravelles ruled that the statute was unconstitutionally vague and violated the Fourteenth Amendment due to a lack of clarity about what behaviors might prompt an officer’s order to stay back. The judge found the law allowed for arbitrary and potentially discriminatory enforcement.

Similar police buffer zone laws in Arizona and Indiana have also been successfully challenged in court. These precedents suggest that Nassau County’s proposed ordinance may face significant legal hurdles if enacted. The primary issue identified by courts has been the potential for these laws to infringe upon First Amendment rights, including freedom of speech and freedom of the press. Judges have been particularly concerned about vague language that gives officers broad discretion in enforcement, potentially chilling constitutional rights.

Impact on Journalists and Public Transparency

The lawsuit against Louisiana’s buffer zone law was filed by a coalition of news organizations concerned about restrictions on reporting. Media advocates argued that the law would prevent journalists from effectively covering police activities and holding law enforcement accountable. This concern applies equally to Nassau County’s proposed ordinance, as the 15-foot restriction could prevent reporters from capturing details of police interactions during emergencies, potentially limiting the public’s right to information about how their government functions during critical situations.

As Nassau County moves forward with this controversial proposal, legal experts predict it will likely face judicial scrutiny similar to what has occurred in other states. The ultimate question will be whether the county can craft language that balances legitimate public safety concerns with constitutional rights. The challenge lies in creating a law specific enough to protect first responders without infringing on the public’s right to observe, record, and hold accountable those who serve in official capacities, especially during emergency situations when transparency is most critical.