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AB2664 creates a new Penal Code offense protecting worshippers from unwanted close-range approaches, signs, and harassment within 100 feet of any place of religious worship.
OUR POSITIONThe American Council stands in full support of AB2664. Faith communities across California deserve to gather, worship, and receive instruction without running a gauntlet of unwanted confrontation at the very doors of their sanctuaries. This bill answers that need directly and proportionately.
AB2664 adds a new section to the Penal Code that establishes a protected zone around places of religious worship. Under the bill, no one may intentionally approach within 8 feet of a person or vehicle occupant, without that person's consent, to pass a leaflet or handbill, display a sign, engage in oral protest or education, or harass, obstruct, threaten, or intimidate them, when that approach occurs within 100 feet of an entrance or exit of a place of religious worship. The bill defines a place of religious worship to include not only the building or structure used for worship, education, or instruction, but also its parking lots, parking lot entrances, driveways, and driveway entrances, so that protection begins the moment a worshipper arrives.
The bill's measurement rules are precise and fair. The 8-foot personal buffer is measured from the body of the person seeking to enter or exit, or from the exterior of an occupied vehicle, to the body of, or any sign or object held by, the approaching person. The 100-foot zone is measured from the entrance or exit to the body of, or any sign or object held by, the person standing there. This precision protects against vagueness challenges and gives enforcement clear, workable standards.
Penalties are calibrated and proportionate. A first violation is a misdemeanor carrying a fine up to $1,000, up to six months in county jail, or both. A second or subsequent violation carries a fine up to $5,000 and up to one year in county jail. The bill also includes a severability clause ensuring that if any single provision is found invalid, the rest of the law continues to protect worshippers. We regard this graduated, county-level framework as a reasonable and enforceable approach.
We believe the freedom to worship is inseparable from the freedom to arrive at worship unmolested. No congregant should have to negotiate an 8-foot wall of confrontation to reach a pew, a classroom, or a prayer hall. AB2664 draws a clear, consent-based line that respects both the rights of worshippers and the constitutional limits on government regulation of expression. The American Council urges every member of the Legislature to vote yes on AB2664.
AB2664 passed the Assembly on a 61 to 2 vote and was referred to the Senate Committee on Public Safety, which voted 5 to 0 to pass it and re-refer it to the Senate Appropriations Committee; it now sits on that committee's suspense file. The strong bipartisan Assembly margin and the unanimous Public Safety Committee vote signal broad legislative comfort with the bill's approach, though the suspense file designation means the committee will weigh its fiscal impact before releasing it. Given that the Legislature's session calendar creates pressure to clear the suspense file and move bills to a floor vote within a defined window, constituent contact directed at Senate Appropriations Committee members is most consequential right now.