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.