After nearly a week of questions and confusion over Decatur Mayor Tab Bowling's announcement that protestors would be required to have parade permits to protest, Bowling issued a letter responding to some community concerns in an attempt to clarify some of the issues.
The statement from the mayor reads as follows:
I would like to clear up some questions related to the City’s policy on parade permits, particularly with respect to First Amendment rights.
To be clear, the parade permit in no way constrains First Amendment rights to speech or peaceable assembly. The City of Decatur respects that right, as well as a need to ensure safety for both the public and those exercising their free speech rights.
The basis of the need for a parade permit is twofold. First, we want to limit the disruption from parades - as defined by the Municipal Code - on pedestrian traffic, vehicular traffic, use of public spaces whether parks, property, sidewalks or streets and the quiet enjoyment of property which all residents should be entitled to have.
Second, the City wants to ensure that sufficient police presence is available for the safety of the public and for those who are participating in the parade. Groups of people walking in the street, especially after dark, necessarily creates a risk of harm to the participants and others and advance notice ensures the Police can protect the participants and others.
It is also important to note that the purpose of the parade is not material to the decision of whether the disturbance of the public will be allowed.
As a general rule, individuals or groups of individuals walking on sidewalks anywhere in the City who are not making unreasonable noise or doing anything that would be described as disturbing the peace would not require a parade permit because they are not involved in a parade.
However, if those individuals, regardless of their purpose, get into the street, impact or potentially impact traffic flow, put their own safety or the safety of others at risk, make unreasonable noise, disturb residents or members of the public or block or restrict access to public or private buildings or homes, those concerns will be communicated to those individuals and a solution sought.
If no solution is reached, they could be told by the Police to disperse. Failing to disperse when instructed to under these circumstances or conducting the parade without a permit and failing to disperse when instructed could result in criminal charges.
Because of the impacts to neighbors – particularly with respect to noise ordinances and ingress and egress for vehicles into private homes – it will be more difficult to hold parades in residential neighborhoods. Parades in business districts, parks and other areas (other than busy streets) should be accommodated within reason.
The process of seeking a parade permit is not difficult or cumbersome. If someone wishes to apply for a parade permit the form is on the City website (cityofdecatural.com) by clicking on the Police Department tab then clicking on Permit Applications. The application can also be picked up in person at the Police Department Administrative Offices – ask for Jennifer. Typically the request would be made at least five days prior to the event. The review and approval is normally complete within 48 hours and the additional time allows for any adjustments that need to be made in order to obtain the approval. If the request is denied, the applicant will be told why it was denied.