A federal judge last week struck down restrictions placed on parade organizers in Augusta.
The judge ruled that the city’s requirements place an unconstitutional limit upon free speech. People seeking to hold a parade were required to apply for a permit 30 days in advance of the event, meet with the chief of police and pay a fee based upon the cost of the event to the city.
The law was challenged when the city tried to charge the organizers of a “March for Truth” parade $1,500 for a permit. According to the judge, the amount was excessive. The judge said it was also unconstitutional to exempt athletic events from the fees if other groups are charged.
It’s important that cities have some means to plan for events that could disrupt normal activities. A parade or march that blocks or partially blocks a city street certainly qualifies.
But Augusta’s restrictions go too far. The amount the city wanted to charge the “March for Truth” is prohibitive and chills constitutionally protected speech. Forcing every group to meet with the chief of police adds a level of intimidation to the process, especially for organizations that might be protesting the government or touting an unpopular cause. And the 30-day notice is a significant hurdle that eliminates even moderate spontaneity from public events.
Lewiston and Auburn have a much better approach. Marchers or protesters who want to hold an event that disrupts vehicle or pedestrian traffic are required to file a form requesting a permit. The form is reviewed and a judgment is made about what resources the city will need to deal with the event. In most cases, there’s no cost at all. In Lewiston, a fee can be assessed if more than one event is scheduled for the same time and the city needs to hire extra personnel to manage them. If a protest doesn’t block the street or the sidewalk, no permit is needed, according to the Lewiston Police Department.
Every municipality has the obligation to protect the right of citizens to gather and express an opinion. As the state capital, Augusta has a special responsibility to accommodate public speech.
We recognize that frequent events can put a strain on local resources. In Washington, D.C., the federal government considers the cost of managing large public events in its annual appropriation to the city.
Perhaps a similar arrangement would be appropriate for Augusta and the state government.
Augusta derives much of its economic success from its position as the seat of state power. Having the State House in the city is a great asset. But it does not come without costs.
According to the Kennebec Journal, the city may appeal the judge’s ruling. Time would be better spent by developing a strategy that seeks to accommodate public speech.
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