Distance dispute: S.C. House divided over 25-foot first responder rule

COLUMBIA, S.C. (WIS) - A proposal requiring bystanders to stand 25 feet away from first responders if ordered to do so prompted vivid demonstrations and sharp constitutional debate Wednesday in the South Carolina House.

The bill’s supporters argued the measure would give law enforcement officers and emergency personnel the space they need to safely manage scenes. Opponents said the distance requirement is arbitrary and would violate First Amendment rights, including the ability to record officers or stay close to loved ones during emergencies.

“This is an intrusion on the Constitution, it’s an intrusion on people’s rights,” said House Minority Leader Rep. Todd Rutherford.

The Republican‑backed bill would make it a misdemeanor to refuse to move 25 feet from police, firefighters or EMS workers when directed. Rep. Case Brittain, R‑Horry, said the intent is preventative.

“This is to actually warn and say, ‘Hey, look guys, I need space to operate because I’m doing a job,’” Brittain said.

Rep. Chris Wooten, R‑Lexington, said the measure is also about keeping the public safe. “Folks that may be trying to get to a scene to check on someone … may put themselves in harm’s way,” he said.

But the exact distance — 25 feet — became the central sticking point. Lawmakers used tape measures, phone apps and pacing to visualize the requirement, with several members noting how difficult it can be for the public to estimate that distance in a crisis.

“If us in this state legislature right now don’t even know where 25 feet is, how are you going to expect a crying, grieving mother to know where 25 feet is?” said Rep. Jermaine Johnson, D‑Richland.

House Minority Leader Todd Rutherford argued the bill would unlawfully limit free expression and potentially prevent family members from praying or comforting loved ones during medical emergencies.

“We argued over whether somebody can pray within 10 feet of their loved one … and they have to go back 25 feet and can’t even pray near their body,” Rutherford said. “That’s the ridiculousness of this bill.”

Similar laws exist elsewhere. Florida has a buffer rule on the books, while Indiana’s version was struck down by the 7th U.S. Circuit Court of Appeals as “unconstitutionally vague.”

Despite hours of debate, Wooten said the premise remains straightforward: “It’s a borderline to say get back far enough where we can actually do our job.”

The House gave the bill final approval Thursday. It now moves to the Senate for consideration.

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