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Maine city's parade-permit ordinance struck down

By The Associated Press
12.27.05

AUGUSTA, Maine — The city attorney said he would seek authorization to appeal a federal judge's decision that strikes down a parade-permit ordinance, whose fees were challenged as excessive.

Sides for and against Augusta's parade ordinance agreed that the case decided by U.S. District Judge John Woodcock Jr. could have broad implications. The ordinance requires marchers to provide notice 30 days before their events, to meet with the police chief and pay fees.

The case arose from a "March for Truth" parade last year. After calculating the costs for traffic control, the city police department charged march organizer Timothy Sullivan $1,500 for a permit.

Sullivan, of Castine, claimed the fee was excessive and was joined in his suit by Larry Danzinger of Castine, who said the city's permit fee prevented him from holding a workers'-rights march in Augusta.

Woodcock's decision said the city ordinance restricts freedom of speech guaranteed by the Constitution.

"To march is to speak," the judge wrote. "A parade, as speech, especially as political speech, invokes the First Amendment and commands this Court's protection."

City Attorney Stephen Langsdorf said he would ask the council for authorization to appeal to the 1st U.S. Circuit Court of Appeals. He said the case breaks new legal ground.

If the ruling stands, Langsdorf said, cities and towns will have to spend thousands of dollars each time a group wants to march because participants would claim they can't afford to pay fees.

Maine Civil Liberties Union lawyer Zachary Heiden praised the judge's ruling as "well-articulated" and predicted it will have an effect on judges across the nation.

"And hopefully, it will be persuasive for cities and towns across the country as they are trying to figure out how to deal with people who want to gather and march and protest," said the MCLU lawyer.

In his ruling, Woodcock also said it was unconstitutional to exempt athletic events from parade fees and to require parade organizers to meet with the police chief. He also said the 30-day notification was too long.


Update
1st Circuit strikes down parts of Maine city's parade-permit law
Requirement that Augusta officials be given advance notice restricts 'spontaneous free expression and assembly rights safeguarded in the First Amendment.' 12.17.07

Related

Pittsburgh told to develop interim parade ordinance

Federal judge gives city two weeks to come up with temporary measure until it can pass a new one. 11.03.03

Tacoma, ACLU settle lawsuit over permit fee

Washington city officials agree to pay $25,000 in legal fees, amend ordinance to reduce amount groups have to pay for parade permits. 11.09.03

ACLU sues New Orleans over 'excessive' fees for jazz parades
Group says city is stifling free speech by charging steep fees for police escorts at jazz-and-parasol processions called second lines. 11.20.06

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