Soldotna City Council members are considering enacting a policy that would allow the city to trespass people from city facilities. The proposal says the city would only trespass people who are disruptive to the point of hindering city services or processes.
State law already gives cities the authority to ban people from public property in certain cases. But Soldotna does not have a formal internal process outlining how and when someone should be trespassed. That’s according to City Manager Janette Bower, who brought the proposal forward.
In a memo, Bower says the philosophy behind the policy is that city employees, elected officials and visitors should not face threats, intimidation or harassment while trying to conduct public business.
In 2024, the Kenai Peninsula Borough adopted a trespass policy in response to harassment by a certain resident.
The policy outlines a laundry list of things that could constitute prohibited conduct, which it defines as conduct that substantially interferes with or obstructs the safety or efficiency of a government function.
Under the policy, that could include speaking over the time limit at a public meeting, repeatedly displaying threatening or harassing behavior, refusing to comply with lawful directives and damaging public property, among others.
The policy says the city could, but is not required to, give someone a formal warning before trespassing them. Any trespass order would need to be narrowly tailored in scope, duration and location. And it would need to include a description of the precipitating conduct.
Initial trespass orders would not be allowed to be effective for longer than one year and the person trespassed would have a right to appeal the order within 10 days of it being issued. The city would be allowed to issue an immediate emergency trespass in response to an immediate public safety threat.
In her memo, Bower says the policy attempts to balance government responsibilities with protections for constitutional rights. She says lawful free speech, including criticism of government officials, is not grounds for a trespass order.
The council gave initial approval to the proposed policy during their July 8 meeting. It will be up for a public hearing and final vote at the council’s meeting next month.
