Section 3-904 - Unlawful picketing and assembly. - Maryland Statutes

§ 3-904. Unlawful picketing and assembly.
 

(a)  Legislative policy.- The General Assembly declares that: 

(1) the protection and preservation of the home is the keystone of democratic government; 

(2) the public health and welfare and the good order of the community require that members of the community enjoy in their homes a feeling of well-being, tranquility, and privacy and, when absent from their homes, carry with them the sense of security inherent in the assurance that they may return to the enjoyment of their homes; 

(3) the practice of picketing before or about residences and dwelling places causes emotional disturbance and distress to the occupants; 

(4) the purpose of this practice is to harass the occupants of the residences and dwelling places; 

(5) without resort to this practice, full opportunity exists, and under the provisions of this article will continue to exist, for the exercise of freedom of speech and other constitutional rights; and 

(6) the provisions of this section are necessary in the public interest to avoid the detrimental results described in this subsection. 

(b)  Effect of section.- This section does not prohibit: 

(1) picketing or assembly in connection with a labor dispute, as defined in § 4-301 of the Labor and Employment Article; 

(2) picketing in a lawful manner of a person's home when it is also the person's sole place of business; or 

(3) holding a meeting or assembly on any premises commonly used for the discussion of subjects of general public interest. 

(c)  Prohibited - Assembly disrupting home tranquility.- A person may not intentionally assemble with another in a manner that disrupts a person's right to tranquility in the person's home. 

(d)  Penalty.-  

(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $100 or both. 

(2) Each day on which a violation of this section occurs is a separate violation. 

(e)  Injunctive relief.- In addition to the penalty provided in subsection (d) of this section, a circuit court: 

(1) may enjoin conduct proscribed by this section; and 

(2) in the proceeding for injunctive relief, may award damages, including punitive damages, against any person found guilty of violating this section. 
 

[An. Code 1957, art. 27, § 580A1, 3-6; 2002, ch. 26, § 2.]