Responding to an objection from the ACLU of Delaware, the Ocean View Town Council has agreed to discuss repealing a town ordinance passed in July that regulates public assemblies.
The council at its July 8 meeting unanimously passed on second reading the ordinance to establish guidelines and a permitting process for assemblies in Town parks and on Town-owned property under the First Amendment. It will be back on the agenda at the Tuesday, Sept. 9, town council meeting “for consideration of amendment or repeal to ensure no one’s First Amendment rights are inadvertently impacted by our ordinance,” Ocean View Mayor John Reddington stated in a news release issued by the Town.
“We’ve begun a legal review of the points raised by the ACLU so that, regardless of whether it’s repealed and reintroduced or addressed by amendment, we can craft a better ordinance,” Town Manager Carol Houck said in the release.
Reached by telephone by the Coastal Point, Reddington declined to comment, referring questions to Houck, who did not return phone calls from the Coastal Point, instead sending out a statement from the Town in the news release.
“The Town of Ocean View has reviewed a letter presented this week by the American Civil Liberties Union addressing Ordinance No. 405 with the town solicitor and expresses its appreciation for the outreach and opinions shared in connection therewith,” the release said. “Ordinance 405 was enacted to establish a permitting process for First Amendment assemblies on Town-owned property in order to promote the general health, safety and welfare of the community.
“The ordinance was adopted in July after moving through a full public process, including introduction and two public hearings, at which no aspect of the ordinance was contested by anyone, including the ACLU. Notwithstanding the public process already conducted, it’s currently our understanding that the process to repeal an ordinance should follow the same path of adopting one, including introduction, first and second reading with two public hearings and a possible vote. If a repeal ordinance is introduced in September, it would reach second reading, public hearing and possible vote in November,” the news release states.
On Aug. 20, ACLU Delaware issued a news release stating that a letter had been sent by the organization to Ocean View officials asking the ordinance be “swiftly repealed as it violates basic First Amendment rights” because it “requires organizers to apply for a permit no less than 36 hours before any event with more than 10 people, pay up to $150 in fees and be subject to unspecified restrictions determined by the town manager,” and dictates assembles be between 8 a.m. and 8 p.m. and that attendees not wear masks.
“Requiring 36-hour notice with no exceptions limits the public’s ability to respond to fast-breaking news and current events. There is also a long-standing U.S. Supreme Court precedent protecting the right of protesters to maintain their privacy and anonymity by wearing face coverings or masks,” Jared Silberglied, ACLU legal fellow, stated in the release.
“This ordinance is an obvious and unconstitutional attempt to silence protesters by creating burdensome restrictions on their speech and assembly. Introducing administrative hoops for people to jump through, on top of financial obligations with vague fees, is not honoring the First Amendment rights of the people of Ocean View. People should be able to express themselves publicly without this kind of interference.”
This week, Silberglied told the Coastal Point that the ACLU was pleased Ocean View officials “brought such swift attention to the matter and stated their commitment to making sure they are respecting First Amendment rights of the people who live in Ocean View, but we are definitely going to still monitor the process and we will consult with anyone who wants to consult with us.”
He said the ACLU got involved after the matter was brought to the organization’s attention but not because of a particular assembly.
“People need to be able to have the right to assemble quickly to any late-breaking news event. Having an ordinance that requires people to wait even 36 hours before they can have an event prevents people from being able to rapidly react to breaking news, as is their right, and also charging fees of high amounts will prohibit people who can’t afford those fees from being able to use the rights they are entitled to,” he said.
Silberglied said the ACLU of Delaware also got involved with a similar complaint about an assembly someone wanted to have at the Tubman Garrett Riverfront Park in Wilmington about a year ago.