Martha Burk followed through on her promise to sue the city over its protest ordinance, filing a federal lawsuit Wednesday that says the recently revised law violates the First and Fourteenth amendments.
The lawsuit by the chairwoman of the National Council of Women's Organizations names as defendants the Augusta Richmond County Consolidated Government, the Augusta Commission, Mayor Bob Young and Sheriff Ronnie Strength.
The Rainbow/PUSH Coalition, headed by the Rev. Jesse Jackson, is listed as a co-plaintiff in the lawsuit, which was filed on behalf of Ms. Burk by the American Civil Liberties Union.
Ms. Burk says in the lawsuit that the ordinance's permit requirements discriminate by singling out political advocacy and other acts of protest, "the most constitutionally protected forms of expression." The lawsuit further criticizes the ordinance for giving the sheriff "unbridled discretion" to grant or deny a permit, and says it contains an "impermissibly broad indemnification requirement."
"We would ask for all the parts of the ordinance that are unconstitutional be declared unconstitutional, and for an injunction to stop enforcement of the ordinance (before the Masters)," said Jack Batson, a local ACLU attorney who filed the lawsuit. "We haven't asked specifically for a hearing on that yet. Depending on what happens with where we are able to demonstrate and when we are able to demonstrate, it may not be necessary to ask for a hearing.
"We may be able to get something in writing about the ordinance as an agreement between the county and us."
The protest ordinance was revised last month by the Augusta Commission, in part because the county attorney said the old one didn't provide adequate recourse if the sheriff rejected the application. Now an appeal can be made to the sheriff, who would forward it to the county attorney to set up a court hearing to review the rejection.
Other revisions to the ordinance included requiring groups of five or more to apply for a permit and setting a deadline of 20 days in advance of the event.
During the application process, according to the lawsuit, the sheriff's office tries to dissuade applicants from getting a permit.
"On information and belief, when applicants come to the sheriff's office to request a permit application, they are sent to Col. (Gary) Powell, who quizzes the applicant as to the nature of the demonstration and even disparages the applicant's desire to demonstrate," the lawsuit states.
Sheriff Strength and Col. Powell did not return a phone call seeking comment about the accusation.
A major issue to the plaintiffs is the bond requirement the county requires for protesters. The ordinance states that a person promoting a mass demonstration must have a surety bond of $250,000 - or a cash deposit of the same amount - in case there are damages as a result of the demonstration.
The ordinance "places a heavy burden of liability on anyone who desires to protest or demonstrate," the lawsuit states. "...In particular, it forces the permittee to accept liability for injuries or losses caused by counter-demonstrators and hecklers."
Mr. Batson said the county has 20 days to respond to the lawsuit. City Attorney Jim Wall did not return a phone call Wednesday seeking comment about the lawsuit.
Staff writer Greg Rickabaugh contributed to this article.
Reach Mike Wynn at (706) 823-3218 or mwynn@augustachronicle.com.
Have a thought? Go to the 
