Posted on: Wednesday, October 10, 2001
City eases restrictions on public displays
By David Waite
Advertiser Staff Writer
Parades are no longer banned on Sunday, a city permit won't be needed to play a musical instrument in a city park and, from now on, you can apply for a parade permit five days in advance instead of 40.
What the American Civil Liberties Union describes as "sweeping changes" to the way the city regulates marches on public streets and gatherings in public parks comes as the result of the settlement yesterday of a federal lawsuit the ACLU filed in April. The ACLU filed the suit because it felt some city restrictions on the public's right to free expression were unconstitutional.
ACLU legal director Brent White said the lawsuit was brought against the city on behalf of ADB Watch and others who felt actions by state and city officials to tightly regulate protests planned to coincide with the Asian Development Bank conference violated portions of the U.S. Constitution.
While the city and state agreed to let the protests go forward during the bank conference, the agreement did not resolve concerns about future regulation, so a settlement on the issue was sought, White said.
"Today's settlement avoids the need for further litigation and settles all remaining issues in the ADB lawsuit," White said. "It is also an excellent result as the city has, to its credit, agreed to all the major changes we had suggested."
White said the changes will make it easier for citizens to exercise their rights to free expression "without undue interference by the government."
City officials had no comment.
White said that as part of the settlement, the city will not be required to pay the ACLU for its legal costs beyond the $87,500 agreed to previously.
In other changes resulting from the settlement, permit applications for gatherings in public parks now must be filed three working days in advance, instead of three weeks, and just 24 hours in advance for situations brought about by current events.
And those who apply for parade permits won't have to consult with or get the approval of neighborhood boards and no longer have to provide written indemnification agreements. Also, individuals won't be prohibited from joining in a march, once it has started.
