Subject: FW: Free speech under attack in Eau Claire, please help!! Date: Mon, 28 Mar 2005 10:05:35 -0600 Message-ID: <D0AEBED8692AB14791F4FA1CE121CC6D013C4E76@PEPSI.uwec.edu> From: "Lyons, Arthur John" <LYONSAJ@uwec.edu>
Hi. I'm forwarding a message below, containing (below) the text of the
proposed Eau Claire city ordinance related to "marches."
Note that it addresses marches and public assemblies for the purpose of
conducting activities protected by the 1st Amendment.
Note that among other things, it would require an application 7 days in
advance of any march or assembly, that it would give broad power to the
chief of police to approve/disapprove the activity, that it could
require that a potentially large "traffic control fee" be paid, and that
violators would pay $50-500 plus prosecution costs.
Should local progressives and the ACLU--local and/or state--be working
against this? The City Council has already had this in front of them
once or twice, so I'm getting this out late. (I've removed the name of
the person who sent this to me.)
Art Lyons
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The EC City council is holding a public hearing Mon.
Mar. 7, 2005 at 7 pm in the City Council Chambers at City Hall, 203 S.
Farwell Street. on an ordinance that seems designed to restrict our
constitutional right to free speech and public assembly. It is ordinance
9.60 and it has already had a "first reading" and the plan is to bring
it to a vote by Mar. 8th. By attending the public hearing, we can show
the city council that we value our rights that are guaranteed under the
constitution.
Please read the ordinance below and join concerned citizens to express
our belief in free speech and assembly. We would like as many people as
possible to show up at the public hearing to get this defeated.
Questions to:
Mark Williams pax54701@bigfoot.com
or
Roger Pope rwpope@charter.net
Thanks
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*_A_** _N_ _O_ _R_ _D_ _I_ _N_ _A_ _N_ _C_ _E_*
* *
*AN ORDINANCE TO REPEAL AND RECREATE CHAPTER 9.60 OF THE CODE OF
ORDINANCES OF THE CITY OF **EAU CLAIRE** ENTITLED "ASSEMBLIES AND
PARADES"*
*THE CITY COUNCIL OF THE CITY OF **EAU CLAIRE** DO ORDAIN AS FOLLOWS:*
*/That Chapter 9.60, entitled "Assemblies and Parades", is hereby
repealed and recreated to read as
follows:/*
*_Chapter 9.60_*
*_ _*
*_MARCHES_**_ AND PUBLIC ASSEMBLIES_*
*_9.60.010 Definitions_**. *As used in this chapter:
A. The term "march" shall mean a group of persons moving from one place
to another on a public way or public place, which requires a street
closing or otherwise requires police officers to stop or reroute traffic
or pedestrians because marchers will not comply with traffic regulations
and controls. A march is for the purpose of conducting activities which
are protected by the First Amendment to the United States Constitution.
B. The term "public assembly" shall mean an organized public gathering
or group of persons which is reasonably anticipated to obstruct the
normal flow of vehicular or pedestrian traffic upon a public way or the
normal use of a public place because those assembled will not comply
with the traffic regulations or controls or other public place use laws
or policies, and that is collected together in one place, but does not
meet the definition of a march. A public assembly is for the purpose of
conducting activities which are protected by the First Amendment to the
United States Constitution.
C. The term "public way" shall mean streets, sidewalks, alleys, trails,
paths, or any other public ways.
D. The term "public place" shall mean any property under the control of,
owned, managed, leased, or operated by the city of Eau Claire which is
held open to the public for public use.
*_ _*
*_9.60.020 Permit required_**.* A march or public assembly in the city
shall be required to obtain a permit from the city clerk, which shall be
issued only after review and recommendation by the chief of police or
designee.
*_9.60.030 Exception for city parks_**.* A person or organization that
has reserved a pavilion in a city park or that has been issued a special
event permit under ch. 9.59 for use of a city park need not apply for a
permit hereunder.
*_9.60.040 Special event permit_**.* Applicants under this chapter also
meeting the definition of and requiring a permit as a special event
under ch. 9.59 shall be required to meet all terms and conditions of
that chapter, as applicable, including, but not limited to the sale of
merchandise, serving of alcohol, amplified music, or other activities
beyond the scope of the First Amendment to the United States
Constitution.
*_9.60.050 Hours_**.* No march or public assembly, except those
conducted entirely in city parks, shall be permitted before 7:00 a. m.
or after 11:00 p. m. A march or public assembly using a city park shall
be permitted to use the city park during its applicable hours of
operation.
*_9.60.060 Noise restricted_**.* The march or public assembly is subject
to noise regulation under ch. 9.56 and shall not permit the sound of the
event to be heard at unreasonable levels beyond the general boundaries
of the public way or public place used for the march or public assembly.
*_ _*
*_9.60.070 Parks--Public grounds_*. A permit shall not exempt the permit
holder or participants from the requirements of ch. 9.76 regulating
parks and public grounds.
*_9.60.080 Application for permit_**.* A person seeking a march or
public assembly permit shall file an application with the city clerk on
forms provided.
The application shall be signed by the applicant upon oath or
affirmation that the statements contained therein are true and correct
to the best of the applicant's knowledge. The application shall be
promptly forwarded to the chief of police or designee for review. If the
permit is granted, the city clerk shall issue the permit forthwith.
*_9.60.090 Application time limit_**.* Application for a permit under
this chapter shall be submitted to the city clerk at least seven (7)
working days before the date of the proposed march or public assembly.
The chief of police or designee may waive the time limit of any proposed
march or public assembly after due consideration of the date, time, and
place of the event, the anticipated number of participants, the city
services required in connection with the event, and issues of pubic
safety.
*_9.60.100 Review and recommendation_**. *A. The chief of police or
designee shall investigate the facts set out in the application and
shall recommend that the city clerk issue the permit when he or she
finds that:
1. The march or public assembly will not substantially interrupt the
safe and orderly movement of other pedestrians or vehicular traffic
contiguous to its route or location;
2. The march or public assembly will not require a diversion of so great
a number of city police officers as to prevent normal police protection
of the city;
3. The concentration of persons, animals, and vehicles will not unduly
interfere with proper fire and police protection or other public
services within the city;
4. Adequate sanitation and other required health facilities are or will
be made available in or adjacent to the area in which the march or
public assembly will take place;
5. Sufficient parking, including handicapped parking, exists near the
area of the march or public assembly to accommodate the number of
vehicles reasonably expected;
6. The proposed activity will not interfere with the use of the
requested area by another party to whom a valid permit has been issued
for the same area or route;
7. No other event is scheduled elsewhere in the city where police
resources required for that event are so great that the deployment of
police services for the proposed march or public assembly would have an
immediate and adverse effect upon the welfare and safety of persons and
property; and
8. The application contains sufficient information about the proposed
march or public assembly to enable the chief of police or designee to
evaluate the event under this section.
B. In investigating the application, the chief of police or designee may
recommend a date, time, location, or route different from that requested
by the applicant. This alternative recommendation shall, to the extent
practicable, authorize an event that will have comparable public
visibility and a similar route, location, and date to that of the
proposed event. The chief of police or designee may also recommend terms
and conditions necessary in his judgment to protect the public peace,
health, and safety, including, but not limited to restricting the
portion of the public way or public place that may be used for the event
and the hours thereof, and the type and number of blockades or warning
devices that are to be provided for the safety of motorists and the
protection of those persons participating in the march or public
assembly. Such conditions may be imposed only for articulable reasons,
which reasons may include, but are not limited to those based on the
safety of the public or the participants in the event, danger of injury
to private property, hardship to the residents or owners of private
property adjacent to proposed locations for permitted activities, or
unreasonably adverse impact upon vehicular or pedestrian traffic. Such
reasons shall be reduced to writing and provided to the applicant for
the permit.
In deciding whether or not to impose such conditions, the chief of
police or designee may consider the hardship to the march or public
assembly organizers in meeting the conditions prior to the event.
Nothing herein shall be construed to allow noncompliance with the city's
noise ordinance under ch. 9.56.
C. If the chief of police or designee denies an application for failure
to provide sufficient information on the application, he shall specify
what additional information must be provided on a new or amended
application.
*_9.60.110 Notice of denial of application_**. *The chief of police or
designee shall act promptly to review and issue a recommendation to the
city clerk.
If the chief of police or designee recommends denial, then the city
clerk shall deny the permit and notify the applicant by facsimile
transmission, telephonically, or by U. S. mail of the denial and provide
a summary of the facts and conclusions of the chief of police or
designee which are the basis for the denial.
*_9.60.120 Appeal procedure_**.* Appeal from determinations made under
this section shall be made to the administrative review board under the
procedures specified in ch. 1.06. The administrative review board shall
expedite the appeal process by providing a hearing within ten days of
receipt of a written request for an appeal.
*_9.60.130 Fees and costs_**.* A. An applicant for a permit shall be
required to submit, before the permit is issued, a traffic-control fee
in an amount established by the chief of police or designee. The
traffic-control fee shall be based on consideration of the following
information which shall serve as a standard to guide his discretion in
setting the fee:
1. The route for the march;
2. The time of day the march or public assembly is to take place;
3. The date and day of the week proposed;
4. The general traffic conditions in the area requested, both vehicular
and pedestrian, with special attention being given to the rerouting of
vehicles or pedestrians normally using the requested area;
5. The number of marked and unmarked intersections along the route
requested, together with the traffic-control devices present;
6. The number of marked and unmarked intersections and traffic-control
devices if traffic must be completely rerouted from the area;
7. The estimated number of participants and vehicles;
8. The estimated number of viewers;
9. The nature, composition, format, and configuration of the march or
public assembly;
10. The anticipated weather conditions;
11. The estimated time or duration of the march or public assembly;
12. The plan of the applicant for emergency medical services;
13. Sufficient parking near the march route to accommodate the number of
vehicles reasonably expected, including provisions arranged for and made
by the applicant for handicapped parking; and
14. Applicable fees as stated in the City of Eau Claire Fees and
Licenses Schedule.
B. The traffic-control fee shall cover the cost to the city of providing
sufficient officers to regulate traffic and maintain public order
incident to the proposed march or public assembly. The fee shall not be
increased by consideration of the nature, substance, or content of the
subject matter or speech for which the march or public assembly is
organized, nor by consideration of the potential for hostile counter
activity. The city shall bear the additional costs that are necessary to
deal with the possibility of disorder arising out of the nature and
content of the subject matter or speech for which the march or public
assembly is organized.
C. Marches and public assemblies that utilize public ways and public
places shall be assessed applicable fees as stated in the City of Eau
Claire Fees and Licenses Schedule.
*_9.60.140 Violation--Penalties_.* A. Failure to obey provisions of this
section, or any order, requirement, or condition imposed under this
chapter by the chief of police or designee, shall be a violation of this
chapter by the permit holder and may result in the termination of the
event. A future permit may be denied based on a past violation of this
chapter.
B. Any person violating any provision of this section, or any order,
requirement, or condition imposed under this section by the chief of
police or designee, shall be subject to a forfeiture of not less than
$50 or more than $500 per day for each violation, together with the
costs of prosecution.
(SEAL) ________________________________
President
(SEAL) ________________________________
City Manager
(ATTESTED) ________________________________
City clerk
First Reading __________________________
Final Reading __________________________
Adopted _____________________________
Published _____________________________ 2/4/2005
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*Motion to adopt the ordinance:*
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