Indeed, the city provided a copy of the Parks & Rec policy (refreshingly fast, thank you), that includes this portion:
11. POLITICAL SPEECHESThis raises two questions: the first is whether going from booth to booth to talk to vendors constitutes making a "speech."
It shall be unlawful for any person or persons to make political speeches of any kind in any park or other Parks and Recreation facilities without firs securing written permission from the City Manager or County manager dependent on the facility location/ownership.
The second question involves the legal authority for these rules. The rules cite a city ordinance that makes it unlawful to disobey these rules upon their approval by city council. However, I cannot find a record of the rules having been approved by city council.
I have asked the city if they can clarify if and when the rules were approved by the city council. If council has not approved them, ignoring them would not be illegal.
Roch wrote, "I have asked the city if they can clarify if and when the rules were approved by the city council. If council has not approved them, ignoring them would not be illegal."
ReplyDeleteAnd that is assuming the rule itself is constitutional.
Exactly. Perhaps a call to ACLU-NC is in order.
ReplyDeleteHow is this different than only allowing speakers at Council Meetings during 30 minute period and only allowing 3 minutes to speak?
ReplyDeleteBoth are places where business is conducted and order must be kept.
Mr. Hartzman can follow the rules or he can go to any public park or street corner and say whatever whenever he wants to say.
Anon coward wrote: "How is this different than only allowing speakers at Council Meetings during 30 minute period and only allowing 3 minutes to speak?"
ReplyDeleteSupreme Court of the United States of America, 1938, Lovell v. Griffin The City of Greensboro is screwed.
Case closed, argument over, Collards, aka David Craft and the City of Greensboro broke the law. Period, no room for debate.
PS, Anon, in case you are confused, the Farmers Market IS part of the Greensboro PARKS and Recreation Departrment. Keyword: Parks.
ReplyDelete"Mr. Hartzman can follow the rules or he can go to any public park..." -- Anon
ReplyDeleteYou didn't read the "rules" did you?