The North Carolina Court of Appeals has thrown out a trial judge’s order against the leader of a group protesting against the Durham County Department of Social Services. Appellate judges ruled that the trial court needed to provide additional information justifying the order.
Judge James Hill issued a no-contact order against Amanda Shenelle Wallace in August 2022 based on the state Workplace Violence Prevention Act. Hill limited Wallace’s ability to protest Durham DSS activities. The order also blocked Wallace from stalking, harassing, abusing, or injuring DSS employees.
“Here, the trial court documented in its no-contact order Respondent’s protests at DSS’s main office and the personal residence of an employee,” wrote Judge Michael Stading. “It also found that ‘Respondent and her followers … intimidated’ the DSS Director. Furthermore, it found that the named social worker received text messages numerous enough to make the social worker and her coworkers ‘fearful.’”
“But other than incorporating the facts alleged in the petition, the trial court omitted any findings concerning the content of the ‘harass[ment] and intimidat[ion],’” Stading continued. “The facts alleged in the petition may be sufficient to support the claim; however, the trial court did not expressly document them in its order.”
“Absent those findings, we cannot review whether Respondent’s conduct served a ‘legitimate purpose’ or specific intent to ‘torment, terrorize, or terrif[y]’ Petitioner’s employees — relevant elements of the harassment statute at issue,” the appellate opinion added.
Wallace was a former DSS child abuse and neglect investigator. “Dissatisfied with DSS’s child-placement policies,” she founded a group called Operation Stop Child Protective Services. The group protested outside the DSS office. Wallace and at least two others also protested twice outside the DSS director’s home.
Yet appellate judges agreed the record did not include enough information to justify the no-contact order.
“[W]e remand this matter to the trial court with instructions to make specific findings of fact to arrive at its conclusion of law of whether Respondent engaged in the ‘unlawful conduct’ of ‘harassment’ under N.C. Gen. Stat. §§ 14-277.3A(b)(2) and 95-260(3)(b),” Stading wrote. “The trial court also did not identify the source of the numerous text messages; it merely found that the social worker received them. For this reason, we must also remand the order for the trial court to determine who sent these messages, if it is able to do so, thereby permitting meaningful appellate review.”
Appellate judges rejected Wallace’s argument that the order would violate her free-speech protections.
“The plain text of the no-contact order places limitations on Respondent’s conduct without consideration of the content,” Stading wrote. “Since the restrictions are content-neutral, they are permissible regulations of the time, place, and manner of expression, so long as they are narrowly tailored to serve a significant government interest and leave ample alternative channels of communication open.”
“Protecting employee safety and preventing psychological harm to minor children entering or leaving the building serve a significant government interest,” the Appeals Court opinion continued. “The order is narrowly tailored because its restrictions promote this significant government interest and would be achieved less effectively absent the restrictions.”
Judges John Tyson and Hunter Murphy joined Stading’s opinion.
The post Appeals Court throws out order against Durham social services protester first appeared on Carolina Journal.
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