Section 13-21-126 - Funeral picketing - legislative declaration - definitions - damages(1) The general assembly finds and declares that: (a) One of the fundamental reasons we humans organize ourselves into societies is to ritually assist in and recognize the grieving process;(b) Funeral picketing disrupts that fundamental grieving process;(c) Funeral picketing intentionally inflicts severe emotional distress on the mourners; and(d) Full opportunity exists under the terms and provisions of this section for the exercise of freedom of speech and other constitutional rights other than at and during the funeral.(2) The general assembly, therefore, determines it is necessary to enact this section in order to: (a) Protect the privacy of the mourners during the funeral; and(b) Preserve a funeral-site atmosphere that enhances the grieving process.(3) As used in this section:(a) "Funeral" means the ceremonies, rituals, processions, and memorial services held in connection with the final disposition or memorial of a deceased person, including the assembly and dispersal of the mourners.(b) "Funeral picketing" means a public demonstration at a funeral site during the funeral that is reasonably calculated to inflict severe emotional distress on the mourners.(c) "Funeral site" means a church, synagogue, mosque, funeral home, mortuary, gravesite, mausoleum, or other place where a funeral is being conducted.(d) "Mourner" means a member of the decedent's immediate family at the funeral.(4) It is unlawful for a person to knowingly engage in funeral picketing within one hundred feet of the funeral site or to engage in electronically amplified funeral picketing within one hundred fifty feet of the funeral site.(5)(a) Each mourner shall be entitled to recover reasonable damages, but not less than one thousand dollars, together with reasonable attorney fees and costs from each person who violates subsection (4) of this section.(b) The court shall impose joint and several liability on any person who: (I) Violates subsection (4) of this section by acting in concert with one or more other persons; or(II) Consciously conspires with one or more other persons and deliberately pursues a common plan or design to commit a violation of subsection (4) of this section.Amended by 2021 Ch. 123,§ 10, eff. 9/7/2021.L. 2006: Entire section added, p. 1200, § 8, effective May 26. (1) This section was originally numbered as § 13-21-125 in House Bill 06-1382 but has been renumbered on revision for ease of location.
(2) In Snyder v. Phelps , 562 U.S. 443 (2011), the United States Supreme Court held that the first amendment shields military funeral protesters from tort liability for picketing because picketing constitutes protected speech on matters of public concern and because the father of the deceased was not a member of a captive audience.
(3) Section 31(2) of chapter 123 (SB 21-006), Session Laws of Colorado 2021, provides that the act changing this section applies to final dispositions of human remains or human fetuses made on or after September 7, 2021.
2021 Ch. 123, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the legislative declaration and short title contained in the 2006 act enacting this section, see section 1 of chapter 262, Session Laws of Colorado 2006.