New county ordinance to regulate protest and public gatherings – Lexington Dispatch

Sharon Myers|The Dispatch

Davidson County is proposing a new law to regulate gatherings on public property on the heels of months of protest and counter-protest in uptown Lexington surrounding the Confederate memorial.

We have to have something in place, right now we dont have anything, said Davidson County Manager Casey Smith. It is not the intent to infringe with anyones First Amendment rights, but in the times we are living in we need a better way to deal with things like access to public property, signage, and flags.

On Nov. 10, the Davidson County Board of Commissioners will hold a public hearing to receive input on an ordinance to address assemblieson public property to define how and where people can assemble, as well as, what they are allowed to carry or display.

The first amendment of the U.S Constitution gives citizens the right to peaceably assemble, and to petition the government for a redress of grievances or prohibiting the free exercise thereof, or abridging thefreedomof speech, or of the press, or therightof the people.

Government officials cannot prohibit any public assembly on public property, but it can impose restrictions on the time, place, and manner of peaceful assembly, provided that constitutional safeguards are met.

We cant infringe on anyones right to protest. This is a tool for our law officers; it will give them a law to be able to deal with enforcement. Right now we dont have an ordinance that allows them, for example, to tell anyone to remove a flag or sign from a government building or from putting flags on county property, said Smith.

The proposed ordinance follows months of protest and counter-protest focused on the Confederate monument in uptown Lexington, which was removed on Oct. 20. Two groups of protesters were located on county-owned property in front of the historical Davidson County Courthouse and at the square across the street.

Under the proposed ordinance, protestors or assemblies cannot obstruct, interfere or block people entering or exiting vehicles; public buildings; crossing the street or deny the use of any other public areas.

Also, assemblies shall not be conducted on any public roadway used primarily for vehicular traffic, nor interfere with the business of the county or state.

The proposed ordinance limits signs or flags to less than 36 inches and cannot use words that would incite violence. The staff or pole for any sign, flag or banner cannot be made of metal and must be continuously held by a protestor.

If the ordinance is passed it will be unlawful to hang, fasten, or attach banners, flags or electrical devices to any county property including buildings, handrails, fences, bridges, memorials, landscaping, and trees. It also would prohibit the placement of poles, posts, pins, or pegs in the ground on government property.

The ordinance also states that law enforcement is allowed to assign different groups a place to assemble in order to preserve the public peace and that members of a group are not allowed to enter the assigned area of another group. The priority of location would be based upon which group arrived first and is at the discretion of law enforcement.

Also, spectators are not allowed to physically interfere with individuals or groups who are protesting and will not speak fighting words or threats that would tend to provoke a reasonable person to a breach of the peace.

Law enforcement will still be allowed to issue a command to disperse if a threat to the public peace is determined. Officers are also allowed to establish barricades to preserve public peace and it would be unlawful for anyone to intentionally cross over a law enforcement line or barricade.

Under the proposed ordinance, it will be unlawful for anyone to camp or light a bonfire on any public property owned by the county, including public rights-of-way and sidewalks. The county retains the right to remove a temporary shelter, bedding or personal belongings deemed a public nuisance.

If the ordinance is approved, it will be unlawful for any person to use objects to obstruct a public road, sidewalk, right-of-way or any entrance or exit to private property or any other area open to the public. This also includes attaching themselves to another person, building, or vehicle.

The ordinance states anyone who fails or refuses to abide by or violates these rules shall be subject to penalties and arrest.

Smith said after the months of protest and counter-protest, government officials became aware of the impact that not having a set ordinance has had on the public peace. He said the ordinance isto bring a little bit of clarity about what is acceptable and what is not acceptable when protesting.

We need to have a tool for our law enforcement officers to have clear cut rules and regulations, Smith said. Given the world we live in, we need some regulationin case something like this ever happens again. We are not regulating the right to free speech or right to assemble, we are just making the rules realclear.

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New county ordinance to regulate protest and public gatherings - Lexington Dispatch