Lewiston’s leaders have adopted a reasonable compromise on a difficult subject.

On Tuesday night, the City Council, in a 4-3 vote, passed new rules that govern the use of city parks: Kennedy Park, Courthouse Plaza, Bates Mill Fountain Park and Railroad Park.

There is a fine line that separates regulating the use of public spaces and the government’s obligation to protect freedom of speech and assembly. The City Council has adopted a policy that does both.

The city will charge any group of 25 people or more a fee to use the parks. The fees range from $125 at Railroad Park to $250 for Courthouse Plaza and are based on the amount of capital debt the city carries for each location. Local nonprofit groups would receive an 80 percent discount, which they could use as often as five times a year.

City councilors worked diligently to find a moderate solution. Over the course of creating the rules, many bad ideas were discussed. At one point, the city was prepared to limit certain groups, with certain messages, to certain places. That plan made us uneasy and would have put the city in the position to decide the value of a group’s activities and messages. We are much better off if we don’t allow government to decide what people can say and where they can say it.

A closely divided City Council showed its concern for the principles of free speech and the ability of residents to have access to the property they helped buy and maintain with their tax dollars.

Opponents of the policy say it restricts their rights and effectively pushes them out of desirable locations. They say that the parks were built with public money and should be open for public use.

When large groups gather, the city incurs expense. A reasonable fee – and these fees are reasonable – helps mitigate those costs. Just as the spaces were constructed with public money, they are maintained with public money. The fees charged for groups of 25 or more reduce the financial burden on other taxpayers, who are ultimately responsible for paying for the upkeep of public land.

In addition to the financial costs, large groups effectively deny public space to others. When the Salvation Army or the Jesus Party, two vocal opponents of the new regulations, holds a rally at Courthouse Plaza, other groups or individuals are temporarily denied use of the space. Modest fees should help prevent some users from monopolizing the city’s parks and plazas with regular meetings.

The rules apply equally to everyone. No group or message is discriminated against or singled out. Public debate and protest are protected.

An individual unhappy with the mill rate or the actions of the City Council is free to take a soap box to the park. Groups are still allowed to meet where they want to deliver their grievances. Public dissent is alive and well, and Lewiston’s regulations do nothing to stifle it.
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