Judge: Protest ordinance constitutional

Decision pending on second issue

A federal court judge ruled Monday morning that the city's protest ordinance is constitutional, but a decision still is pending on whether Sheriff Ronnie Strength was within his rights to tell hundreds of protesters that they could not demonstrate directly outside the Augusta National Golf Club's front gates.

U.S. District Court, Chief Judge Dudley H. Bowen Jr. issued the first of two rulings Monday morning on two challenges made against Augusta's recently adopted protest ordinance by the American Civil Liberties Union.

The first challenge asked the judge to declare the city's protest laws unconstitutional claiming they are in violation of First Amendment rights. The judge denied that request.

The second challenge, which Judge Bowen has yet to rule on, asks the court to overturn Sheriff Strength's decision to place protesters from the National Council of Women's Organizations and the Rainbow/PUSH Coalition on a 5.1-acre piece of land about a half mile from the club's gates. A decision is expected before the end of the week.

The ACLU, on behalf of the two civil rights groups, challenged the constitutionality of the city's protest laws, saying Sheriff Strength has too much discretion over when and where public demonstrations can take place in Augusta.

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Sheriff Strength denied multiple groups their protest permit applications after they requested to place demonstrators at several spots along Washington Road, including right outside the club's gates at Magnolia Lane, across the street at Magnolia Drive and down the street at Berkmans Road. Instead he offered them the 5.1 acre site fronting Washington Road.

In court earlier this week, city attorneys argued that the sheriff's discretion is not only constitutional, but the alternative 5.1-acre site provides sufficient exposure for demonstrators seeking to reach golf patrons, club members and participating golfers. Placing protesters away from the high-traffic area immediately outside the club's gates will reduce public safety problems, as well, they said.

ACLU attorneys said the sites Ms. Burk and the Rev. Jackson requested may not be ideal from a public safety standpoint, but the first amendment compels the city to grant their request.

Reach Heidi Coryell Williams at (706) 823-3215 or heidi.williams@augustachronicle.com.

--From the Monday, April 7, 2003 online edition of the Augusta Chronicle