It hasn't happened yet, let's just call it a preemptive strike.

Peaceable conduct near memorial services may soon be more than proper etiquette in Utah if a new House bill regulating public demonstrations surrounding these services is enacted into law.

House Bill 205, sponsored by Rep. Ron Bigelow, R-West Valley City, would place restrictions on public activities during the period beginning 60 minutes prior to and 60 minutes after a memorial service. The bill, currently titled "Public Demonstrations at Funerals", would make it a class B misdemeanor to engage in activities that would disrupt a memorial service, and further serves to create a 200-foot zone in which public demonstrations that are not part of the memorial service, would be restricted.

Demonstrations at funerals in Utah are not common occurrences, if they occur at all, leading some to question why such a bill would be necessary. Bigelow cites rumors of a group preparing to demonstrate at the funeral of an unnamed serviceman.

"This is a preventative measure," Bigelow said, saying that he wants to make clear what law enforcement has the authority to do, but at the same time he wants to "be careful not to go too far."

Despite First Amendment challenges brought against similar laws by the American Civil Liberties Union in Missouri, Kentucky and other states, Bigelow does not foresee a problem with the Utah law.

Missouri's law makes it a crime to demonstrate one hour before or one hour after a funeral. It also prohibits demonstrating in front of or about an area where a funeral is happening. According to the ACLU of Eastern Missouri's Web site, "the law violates a number of First Amendment provisions, including the rights to free speech, free expression of religion and free association."

Distance, says Bigelow, is the key issue in his bill. He notes the importance of allowing groups to protest and believes that this law would allow for the rights of both those who are grieving and the rights of others to demonstrate to remain intact.

"We don't want to restrict the ability of people to demonstrate, but we want a family to be able to grieve," Bigelow said.

The bill would prohibit what it terms "certain disruptive activities", placing restriction on oration, the display of signs and the distribution of printed materials within that 200-foot restricted zone. The bill would further serve to restrict creating unreasonable noise, blocking or impeding entry to a memorial service, or impeding a funeral procession.

Similar bills have been introduced in dozens of other states, and signed into law in numerous states, including Iowa, Kentucky, Michigan, Texas and Illinois. Similar bills were introduced in the 109th U.S. Congress restricting protests during funerals of military personnel, including the Dignity for Military Funerals Act of 2006 and the Respect for America's Fallen Heroes Act of 2006.

This story appeared in The Daily Herald on page D1.