Public hearing on Bill 37-26 draws concerns about bans, equity and safeguards

The council held an extended public hearing on Bill 37-26, which would revise Montgomery Countys disruptive behavior order (DBO) law to allow bans that cover multiple county facilities and lengthen maximum exclusion periods.

Earl Stoddard, speaking for County Executive Mark Elrich, said the bills "two primary modifications are allowing bans to be applied to multiple facilities and for extended durations" and said the executive branch will pursue further engagement with disability and intellectual-developmental-disability stakeholders before the committee hearing. He also said the county will consider amendments to protect lawful speech.

Multiple community witnesses opposed the bill as written. Dina Lebowitz (Jews United for Justice) said, "This bill imposes broad and lengthy bans, keeping people with mental health challenges from some of the few spaces that are safe and available to them," and urged protecting speech and ensuring individual assessment. Thomas Gibson, a resident and shelter client, cited county data and said, "Since 2019, 739 disruptive behavior orders have been issued. Of that, 78% came from public libraries," warning the measure could have the effect of criminalizing homelessness.

Service providers including Shepherd's Table supported some longer-term bans in extreme cases but recommended narrowing the bill so bans apply only to the facility where the conduct occurred and adding behavioral-health alternatives and on-site resources. Several speakers asked the council to adopt explicit safeguards for minors and clearer criteria for when extended exclusions and multi-facility bans are appropriate.

The executive branch announced plans for outreach to the Intellectual and Developmental Disabilities Commission and further community engagement prior to the October joint committee hearing; the transcript records no final vote on the bill at this meeting.