As a part of the story of the imminent immigrant detention facility in Farmville, the Town Council recently had to change its codes to reflect a constitutional right to protest. The ACLU had gotten involved, due to the confusion over the office in which to get a permit. When the group inquired about a permit with the town’s Police Chief, Stuart Dunnavant, they were told that his office had nothing to do with the issuance of a permit. He also stated that there was no process, and that the group would need to ask for a permit at the Town Council meeting or from the Town Manager. The town’s code clearly had stated that the Chief of Police would issue a permit.
The old codes included such features as no protesting by anyone over the age of 18; 10 feet of space between protesters; maximum size of signs carried by protesters; and an unreasonable and non-defined noise requirement. The ACLU of Virginia sent a letter to the town:
January 13, 2009
Farmville Town Council
116 North Main Street
Farmville, Virginia 23901
Dear Town Council Members:
I am writing to call your attention to several unconstitutional provisions of the Town Code pertaining to parades and demonstrations, and to ask that these provisions be repealed immediately.
First, Section 18-16 of the Code imposes a number of restrictions on demonstrators, and makes any violation a misdemeanor punishable by up to $500 in fines and up to six months in prison. Many of these restrictions violate protesters’ First Amendment right to freedom of expression. Specifically, the following restrictions are unconstitutional:
(a) All assemblies and picketing shall be peaceful and unattended by noise and boisterousness and there shall be no shouting, clapping or singing of such a nature as to disturb the peace and tranquility of the community.
(b) Marching shall be in single file and pickets or demonstrators shall be spaced a distance of not less than ten ( 10 ) feet apart. Not more than six ( 6 ) pickets shall picket or demonstrate before any given place of business or public facility.
(e) No person under the age of eighteen ( 18 ) years shall be permitted to march, picket or demonstrate in the town.
(g) No sign or any material other than cardboard or tabboard and no sign larger than twenty-four (24) inches by twenty-eight ( 28 ) inches shall be carried.
Second, some portions of Section 15-156, et seq., dealing with parade permits, are also unconstitutional. Specifically, the ordinance allows the police chief to deny a parade permit if he finds that “[t]he conduct of parade is [] reasonably likely to . . . provoke disorderly conduct or create a disturbance.” Sec. 15-159(5). Because it lacks concrete, objective standards section grants the police chief unfettered discretion to deny a permit. It also encourages the denial of permits based on the chief’s assessment that a particular parade is likely to be controversial or to attract counter-demonstrators. Such content-based decisions violate the First Amendment. See Forsyth County, Ga. v. Nationalist Movement, 505 U.S. 123 (1992).
Additionally, the ordinance requires that permit applications be submitted between 30 and 60 days before the planned event. Sec. 15-158 (1). A 30-day advance notice requirement makes it impossible for demonstrators to respond quickly to changing events. Thus, courts have frequently stricken advance notice requirements thirty, twenty, or even five days.
Because these ordinances are serious infringements on the First Amendment right to free speech, I ask that you take immediate steps to repeal or amend them. Should you wish to discuss the matter, please do not hesitate to call me at (804) 644-8022. Thank you for your attention to this matter.
Sincerely,
Rebecca K. Glenberg
Legal Director
Last week, as I mentioned, those changes were made. The Town reportedly modeled its ordinance on one in Charlottesville. The Police Chief got his own letter from the ACLU:
January 13, 2009
Stuart Dunnavant
Chief of Police
114 N Main St
Farmville, Virginia 23901
Dear Chief Dunnavant:
I am writing on behalf of Jeff Winder, a regional organizer for The People United. As you know, Mr. Winder’s organization seeks to hold a march in Farmville on March 7, 2009.
It is my understanding that you told Mr. Winder that there is no process for applying for a parade permit, and that his organization would have to seek permission from the Town Council or Town Manager. You are mistaken. Section 15-157 of the Farmville Town Code provides that “[n]o person shall engage in . . . any parade, unless a parade permit shall have been obtained by the chief of police.” Subsequent sections of the Code set forth the procedures for applying for such a permit. I have enclosed these code sections for your convenience.
Accordingly, I ask for your immediate written assurance that The People United will not be required to seek permission for its parade from the Town Manager or Town Council, and that you will act upon the organization’s permit application within three days of its filing, as set forth in Town Code Sec. 15-160.
Please be advised that the First Amendment prohibits you from denying the permit application based on the organization’s message, including any assessment that the parade might be “controversial” or likely to draw counter-protesters. See Forsyth County, Ga. v. Nationalist Movement, 505 U.S. 123 (1992).
Finally, Section 18-16 of the Town Code imposes a number of restrictions on participants in parades and demonstrations. Many of these restrictions violate protesters’ First Amendment right to freedom of expression. Specifically, the following restrictions are unconstitutional:
(a) All assemblies and picketing shall be peaceful and unattended by noise and boisterousness and there shall be no shouting, clapping or singing of such a nature as to disturb the peace and tranquility of the community.
(b) Marching shall be in single file and pickets or demonstrators shall be spaced a distance of not less than ten ( 10 ) feet apart. Not more than six ( 6 ) pickets shall picket or demonstrate before any given place of business or public facility.
(e) No person under the age of eighteen ( 18 ) years shall be permitted to march, picket or demonstrate in the town.
(g) No sign or any material other than cardboard or tabboard and no sign larger than twenty-four ( 24 ) inches by twenty-eight ( 28 ) inches shall be carried.
By separate letter to Town Council, I am asking that these unconstitutional restrictions be repealed forthwith. In the meantime, please provide written assurances that these restrictions will not be enforced against members of The People United or any other lawful demonstrators.
If appropriate assurances are not forthcoming, The People United will need time to review its legal options. Therefore, please respond by 2:00 p.m. on Wednesday, January 14, 2009. Should you have any questions, please do not hesitate to call me at (804) 644-8022. Thank you for your attention to this matter.
Sincerely,
Rebecca K. Glenberg
Legal Director
This is what people put up with in rural Virginia, and I would imagine, rural America. Unless we stand up to those who would take our rights, and those who would pervert those rights, we will be subject to the whims of those in power. Farmville is one example; how many can you think of?