After nearly six years without one, Augusta might soon have a protest ordinance on the books.
A proposed ordinance, several years in the making and approved Monday by a county committee, is modeled after one that "has already been tested before the 11th (U.S.) Circuit Court of Appeals," Interim General Counsel Andrew MacKenzie said.
No permit has been required in Richmond County for parades, protests, assemblies or other gatherings in public places since the Court of Appeals' 2004 ruling, which said the old ordinance improperly targeted political protests and gave too much power to the sheriff and city attorney.
That ordinance, amended days before the 2003 Masters Tournament, was ruled unconstitutional after a challenge by protester Martha Burk.
Since then, most protestors, marchers and parade organizers have contacted the sheriff's office anyway because they thought they should, and Sheriff Ronnie Strength says an ordinance is needed.
"Mainly for safety reasons," Strength said. "We need to know who and where folks are protesting, so we will be able to make sure that we're there, not only protecting the bystanders but protecting the protesters."
Strength said he fears "bad situations" might erupt if violent groups stage events without the knowledge of law enforcement.
"Things could get out of control pretty quick," he said.
The new ordinance is modeled after one in Glynn County that survived a constitutional challenge and has passed muster with civil rights groups, MacKenzie said.
While the previous ordinance required a permit from the sheriff for gatherings of five or more, under the new ordinance only groups of 50 or more must obtain a permit.
After discussions with the sheriff about the amount of notice a group must give before an event, the city law department drafted an ordinance that requires five days' notice, although applications received after that time will still be processed, MacKenzie said.
The new ordinance shifts final decision-making on events away from the mayor to the sheriff, although various city departments could still be consulted on an application "no matter what kind of code that you have in place," he said.
The ordinance, expected to go before the entire commission soon, marks a turning point for local government, which endured protracted litigation over the old ordinance, Commissioner Matt Aitken said.
"We're trying to get everybody on the same page, and give (the ordinance) some teeth, without creating a big old money pit for the taxpayers," he said.
"The new ordinance shifts final decision-making on events AWAY from the MAYOR to the sheriff" ... Key phrase there, 'AWAY from the MAYOR' which is where we always want possible bad press, disagreements, or political choices requiring leadership to be kept from.
Too late to help on Gay Day but Deke won't be seeing any more bad press because of stuff like this will he?
All kidding aside, good move, we need to be sure that someone willing to make a choice knows about these events. Even if it further weakens the mayors office by taking away some of the power the office has.
Oh well,
Brad
This article dovetails nicely with Johnny Edwards' Sunday article about our current mayor's distaste for decision making. I'm sure he helped put the proposed ordinace together to take the decision making away from his office and put it on the sheriff.
You know, in the six years we've been without a "protest" ordinance our population got along pretty well. Are we sure we couldn't function as a society without this law? I say let's try to get along without this law for another six years before we clutter up the lawbooks and create more paperwork.
Groups of 50 or more is a basically no law. Have we ever seen 50 people gather and protest anything in this town? I don't even recall Burke having more than a handful. Unless you include the gawkers and the media in the 50, the law will never be used.
This Meeting is called to order. Let us pray. Pledge Allegiance. New business. Do I hear a motion? Do I hear a second? Mr Brigham? Commissioner will vote by the usual sign. Unanimous. Meeting adjourned.
Its childs play. Just as with child's play, it is someone else money.
If there is a large protest in this town, it will be well publicized. This is just government getting larger.
I guess we will see more protesters on Broad Street in from of Planned Parenthood. There probably is some sort of exemption if you are dragging a cross.