The Maine Civil Liberties Union sent a letter to an attorney working on behalf of the town of Farmington on Tuesday, calling a recently adopted policy a ‘blatant and severe violation’ of the U.S. Constitution.

Farmington selectmen voted 3-2 in favor of banning any political activity on town property about a week and a half ago, based on an incident with a signature gatherer for a petition supporting the repeal of the state’s new same-sex marriage law. Town officials said they haven’t, and won’t, enforce the policy until given the legal OK.

The MCLU, which is part of a coalition in support of the same-sex marriage law, was notified of the ban on political speech by the Rev. Bob Emrich, a leader of a group trying to repeal the law. Emrich asked the MCLU to review the Farmington policy and determine its constitutionality.

“Because this attempt by the town of Farmington to restrict and censor all political speech on public grounds is so obviously facially unconstitutional, the MCLU is prepared to bring immediate legal action to strike down the policy, should it remain in force,” said a letter sent by Nicole L. Bradick, on behalf of the civil liberties group.

Farmington Selectman Jon L. Bubier said he voted in favor of the ban, for the same reasons supporters outlined at the town meeting.

“We have a responsibility to provide a safe and enjoyable place for citizens to enjoy any festive event that they choose to and to have somebody or some organization creating havoc during one of those events just didn’t seem appropriate,” he said Thursday.

Town Manager Richard Davis told selectman at the June 9 meeting that the policy was needed after officials received a complaint about the way someone was collecting signatures at a concert in Meetinghouse Park, according to Sun Journal archives.

Bubier said he shared concerns other selectmen had regarding the legal implications of the policy, despite his vote in favor of it.

“If we find that it’s just a little overboard, I wouldn’t have any reservations about pulling back on that,” he said.

Dennis C. Pike, another Farmington selectman, said he voted “tentatively” in favor of the ban, pending legal review.

“Basically I felt there were adequate other geographical settings to collect petitions other than in an area which I consider to have some sacramental values,” Pike said, referring to Meetinghouse Park, which hosts war memorials. “In my opinion, it was somewhat sacred ground.”

Sidewalks were exempted from the ban, Pike said.

But according to the letter sent by the MCLU, the ban won’t pass judicial muster.

“This attempt at content-based censorship is well beyond the bounds of permissible restraints on free speech and would most certainly fail strict scrutiny,” Bradick said.

Bubier said the next selectmen’s meeting is scheduled for June 23 at 6:30 p.m., but he wasn’t sure if the town’s consulting attorneys would have had time to review the policy by then.

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