Pisco
👤 SpeakerAppearances Over Time
Podcast Appearances
You can imagine someone on the street yelling and saying something that's very emotionally resonant, but not necessarily physically obstructing.
That said, there have been cases where it seems kind of trivial, the obstruction, where people are walking up to the individual's
in their path with like flyers and leaflets.
And that's treated differently than someone giving a leaflet from the side.
Cause you're, you're trying to like stop there.
Exactly.
So the physical, yeah.
Yeah, it's not just ingress and egress.
The statute defines physical obstruction and it contains ingress and egress.
And so I think they're not...
seemingly trying to block ingress or egress.
But it also includes kind of conduct that makes it like unreasonably unsafe or difficult to get into the service place.
Now, the question is, there have been some cases where protesters were, for example, in an abortion clinic or something, and they're sticking around because they know the cops are going to be there.
And they kind of are anticipating that they're going to stop the services.
And
You can see the kind of proximate cause of chain that they pretty much knew was foreseeable that people are going to be asked not to enter.
So the question is, like, in terms of that actus reus component, the physical obstruction, how much are we getting into constructive obstruction by their conduct within?
There have been some cases where just conduct within has been enough, but not always.
I think it is.
Yeah, I'm going to be honest about that.