AUGUSTA (AP) – The city attorney said he will seek authorization to appeal a federal judge’s decision that strikes down a parade permit ordinance, whose fees were challenged as excessive.

Sides for and against Augusta’s parade ordinance agreed that the case decided by U.S. District Judge John Woodcock Jr. could have broad implications. The ordinance requires marchers to provide notice 30 days in advance of their events, to meet with the police chief and pay fees.

The case arose from a “March for Truth” parade last year. After calculating the costs for traffic control, the city police department charged march organizer Timothy Sultan $1,500 for a permit.

Sullivan, of Castine, claimed the fee was excessive and was joined in his suit by Larry Danzinger of Castine, who said the city’s permit fee prevented him from holding a workers’ rights march in Augusta.

Woodcock’s decision said the city ordinance restricts freedom of speech rights that are guaranteed by the Constitution.

“To march is to speak,” the judge wrote. “A parade, as speech, especially as political speech, invokes the First Amendment and commands this Court’s protection.”

City Attorney Stephen Langsdorf said he will ask the council for authorization to appeal to the 1st U.S. Circuit Court of Appeals. He said the case breaks new legal ground because it says people who have no means to reimburse municipalities for the costs of their parades or gatherings still have a right to hold their events.

Langsdorf said that if the ruling stands, cities and towns will have to spend thousands of dollars each time a group wants to march because participants would claim they can’t afford to pay fees. He added that the U.S. Supreme Court has upheld parade fees in the past.

Maine Civil Liberties Union lawyer Zachary Heiden praised the judge’s ruling as “well-articulated” and predicted it will have an impact on judges across the nation.

“And hopefully, it will be persuasive for cities and towns across the country as they are trying to figure out how to deal with people who want to gather and march and protest,” said the MCLU lawyer.

In his ruling, Woodcock also said it was unconstitutional to exempt athletic events from parade fees and to require parade organizers to meet with the police chief. He also said the 30-day notification was too long.


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