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Marion ordinance sparks stir over speech rights
Todd Dorman
Jan. 19, 2017 8:28 am
Big protests are about to grab national attention, but a much smaller demonstration is sparking a stir in Marion.
Last September, Rick Stewart and a couple of other folks stood on the median in Uptown Marion waving signs in support of Libertarian presidential hopeful Gary Johnson. You might recall Stewart was the Libertarian candidate for sheriff last fall.
A police sergeant showed up with a copy of a Marion ordinance dictating that any parade, walk, march or demonstration of any size must obtain a city permit not less than 72 hours before the event. Stewart asked if they could move from the median to the sidewalk, but no dice. Not wanting a confrontation, the group departed.
But Stewart did contact the American Civil Liberties Union of Iowa. And this week, the ACLU sent a letter to the city insisting its ordinance runs afoul of constitutional speech protections and must be amended. Otherwise, Stewart is considering legal action.
It turns out the Marion City Council did amend the ordinance in November, a change that has yet to be added to the city's code online. Marion now requires anyone organizing a parade, demonstration, etc., to fill out and file a hold-harmless agreement with the city, using a three-page form available online. But the 72-hour notice provision still applies.
The ACLU, however, still says Marion's ordinance remains an unconstitutional restriction on speech.
ACLU Legal Director Rita Bettis argues that any government restriction of free speech on public property must withstand 'strict scrutiny,” or the most rigorous legal test of its constitutionality. The restriction must serve a compelling governmental interest and be 'narrowly tailored.”
Stewart asserts that the Marion ordinance is not narrowly tailored because it places the same restriction on a guy with a sign as it does a crowd of 500. Also, the 72-hour notice quashes any spontaneous political expression. Neither serve a compelling interest, the ACLU argues. It wants the city to eliminate requirements for groups of less than 50 and scrap the long notice.
Marion City Manager Lon Pluckhahn said the city is simply trying to strike a balance between allowing events and keeping things orderly, not deny anyone their rights. But Pluckhahn told me Wednesday the city is willing to suspend enforcement while officials consider the ACLU's concerns.
That's good news. It bears close watching. This is, after all, the same city that pushed backers of a ward-voting ballot measure last fall to put duct tape across the phrase 'Reaching Higher” on campaign signs. It infringed on the city's 'Reach Higher” brand.
I hope the city exempts small demonstrations. Maybe 50 is too many, but we can figure it out. Also, the 72-hour notice should be shaved or scrapped. Consider that Iowa law says officials must give just 24 hours' notice of a public meeting. So if a controversial issue popped up on an agenda, Marion's rule would permit protest only after the fact.
We're in a period of our history where exercising our right to free political speech may become more frequent and more vital. Marion should make sure its laws don't get in the way. And it doesn't need to wait for a judge to order it.
l Comments: (319) 398-8452; todd.dorman@thegazette.com
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