Alabama Moderate has been posting for several months now about the possibility that Argo would be annexed into Springville — and about the animosity and hard feelings the proposal has engendered. It sounds like the old guard that has run things in Argo for decades is intent on blocking the annexation by any means necessary.
Now Argo’s leadership — and I use that word loosely — has taken the battle to a new level by suspending its own rules to pass an ordinance requiring any group assembling on public property to apply for a permit at least twenty-one business days before the date of the proposed assembly. The ordinance appears to be aimed at a group that was planning a gathering in support of an up or down vote on the annexation.
Have the mayor and city council of Argo ever heard of the First Amendment to the US Constitution? It reads as follows:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Or how about Article I, Section 25 of the Alabama Constitution?
Sec. 25 That the citizens have a right, in a peaceable manner, to assemble together for the common good, and to apply to those invested with the power of government for redress of grievances or other purposes, by petition, address, or remonstrance.
This looks pretty clear to me, if not to Argo’s leaders. If a citizens’ group calls for a peaceful gathering on public property to protest the action (or inaction) of city government, the city government doesn’t get to say no.
Loretta Nall also posted about this issue here.
And I was getting ready to get the ACLU involved until I read it and spoiled my own fun… It appears to be legal, but because it’s legal it does absolutely squat to discourage peaceful demonstrations unless they cause traffic problems or cause safety issues. Had it been anything more, it would have been very much illegal.
I guess they didn’t count on folks reading it, so they figured they could put on a good show to stop the demonstration. They did however succeed in creating more paperwork for churches and other legitimate events. As a matter of fact, their own celebration (where folks had planned to demonstrate) DOES fall under the new ordinance while the protesters do not! How’s THAT for irony?!
So does that mean they have to postpone the celebration because they didn’t apply for a permit 21 business days in advance? I can understand the need for advance notice when the gathering involves a parade or other action that would require the police to put up roadblocks, re-route traffic, provide security, etc., but the timing requirement seems a bit excessive.
Okay, I guess we can stand down for now unless the pro-annexation group continues to be pressured to cancel its demonstration. In that case, we’ll have to show up with signs.
*nod*
I’m guessing that they’ll make an exception for themselves.
if they make an exception it’ll be the death of the ordinance.
i’m speaking from memory here, but i think one absolute in the are of parade/demonstration permits is that they have to be completely objective. i.e., to assure there will be no content discrimination, the people in charge of granting the permit cannot have any discretion. so long as the group is within the size, location, time and similarly objective limits, the permit must issue.
so, if they make an exception for their own demonstration, they’ve just demonstrated that the ordinance is not an objective regulation of the time,place, and manner of parades, but an attempt to silent dissident speach.
It’s not a demonstration they’re planning. It’s a 20th Anniversary Celebration and Park Grand Opening. It’s supposed to draw the whole city, and there’s SO not enough parking, so it will definitely cause traffic problems. It does however fall under the definition in the ordinance of a “public assembly”.
The ordinance does have an exception clause for the 21-day waiting period, but the “Emergency Permitting Authority” (read: the mayor and town council) must approve it based on what they believe is a reasonable excuse for not filing earlier.
Interesting point, though. I’ll have to keep an eye out and see if they do file for a permit.
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