(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.
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