In Brookhaven, a city ordinance has been passed prohibiting the distribution of threatening flyers and unauthorized image projections. City officials claim that they hope the ordinance will safeguard residents following instances of antisemitic and transphobic materials distributed in various neighborhoods in the past year.
This initiative is driven by detailed regulations introduced by key figures in local governance. According to a report by Georgia Public Broadcasting, the ordinance was introduced by City Attorney Jeremy Berry and gained the sponsorship of Council members Linley Jones and Madeleine Simmons. The ordinance includes a ban on projecting images and messages onto buildings without owner consent. Further, the ordinance restricts material distribution from 9 p.m. to 7 a.m., only with exemptions for subscription-based services such as newspapers or deliveries.
The newly implemented rules also come with penalties for non-compliance. According to a report by Georgia Public Broadcasting, canvassing carries a fine of $100 to $250, while projecting threatening images with intent to harass or intimidate could result in felony charges.
The ordinance provides clear definitions to establish what qualifies as threats. According to the city ordinance, a ‘credible threat’ is defined as follows: “”Credible threat” means any threat that places the person or group who is the target of the threat in reasonable fear for their physical safety or the physical safety of their family members or individuals closely associated with them, and which is made with apparent ability to carry out such harm. It’s not necessary to prove that person making threat had intention to actually carry out threat, only that person had subjective intention to cause reasonable fear in another person or group or consciously disregarded substantial risk that communication would be viewed as threatening violence.”
Furthermore, the ordinance highlights the severe penalties for displaying threatening content with malicious intent. According to the city ordinance, displaying or projecting an image containing a credible threat with malicious intent to harass, threaten, or intimidate another person or group is deemed a third-degree felony, escalating to the same level if selection of property is based on specific protected characteristics including race, religion, gender identity, or disability.
Besides government-imposed penalties, victims of these offenses also have the right to take legal action. According to city ordinance, apart from specified penalties, City, property owners or occupants affected by violation hold right to pursue injunctive relief enabling them prevent further or ongoing violations of this section through legal action.
