Federal Judge in Omaha rules Westboro Baptist must stay 500, not 300, feet from dead people

Shirley Phelps-Roper, of the Westboro Baptist Church, sued Nebraska's governor, attorney general, and Omaha's police chief, saying that a Nebraska law unfairly targets her group and that the cops often allow counter protesters, like the so-called Patriot Guard, closer to the deceased than she can now get, on account of Nebraska's new law expanding the buffer zone around funerals to 500 from 300 feet.

     In her order, Chief U.S. District Judge Laurie Smith Camp said the 500-foot buffer doesn't deprive protestors of the opportunity to reach their target audience and also permits law enforcement to manage the logistical concerns of large crowds...

     In a news release, a spokeswoman for Nebraska Attorney General Doug Peterson said the state defended the law because Nebraska has a substantial interest in protecting the peace and privacy of people paying their respects to the dead.

     "Nebraska’s Funeral Picketing Law does not restrict Westboro Baptist Church from expressing its protest message by ample, alternative methods, which methods should not include disrupting funerals," the release said.

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The judge's decision comes just more than a year after both sides made their cases during a week-long trial.

In a news release, a spokeswoman for Nebraska Attorney General Doug Peterson said the state defended the law because Nebraska has a substantial interest in protecting the peace and privacy of people paying their respects to the dead.

A federal judge on Wednesday upheld the constitutionality of Nebraska's law that creates a 500-foot buffer zone around funerals from pickets and rejected claims by Westboro Baptist Church members that the law violated their free speech rights.

In a 34-page ruling, Chief U.S. District Judge Laurie Smith Camp said the law is narrowly tailored and provides ample alternative channels for the controversial church to share its message.

Plaintiff Shirley Phelps-Roper and her fellow church members argued the law unfairly targets the group and said police often allow counter protesters including the Patriot Guard to get closer.

Members of the Wichita, Kansas, church routinely protest at funerals nationwide, including those of servicemen and women who die in combat, saying the Lord is punishing America for allowing homosexuality. In Nebraska, the group has picketed 46 funerals since 2005.

Phelps-Roper's attorney, Margie Phelps, said they'll appeal.

Smith Camp's ruling is necessary, Phelps said, so they can take their case to the appellate level, where they believe laws like Nebraska's will be struck down to "put some restraint on some out-of-control legislators across the country."

Phelps-Roper sued Nebraska's governor and attorney general, as well as Omaha's police chief, in 2011 after the Legislature expanded the picketing buffer zone from 300 feet to 500 feet.

In her order, Smith Camp said the 500-foot buffer doesn't deprive protestors of the opportunity to reach their target audience and also permits law enforcement to manage the logistical concerns of large crowds.

The judge's decision comes just more than a year after both sides made their cases during a week-long trial.

In a news release, a spokeswoman for Nebraska Attorney General Doug Peterson said the state defended the law because Nebraska has a substantial interest in protecting the peace and privacy of people paying their respects to the dead.

"Nebraska’s Funeral Picketing Law does not restrict Westboro Baptist Church from expressing its protest message by ample, alternative methods, which methods should not include disrupting funerals," the release said.