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Letter: Rehoboth infringing on First Amendment rights

February 1, 2019

Why did the March for Our Lives last March cost the city of Rehoboth between $8,000 and $10,000? And why did Special Events Officer Lt. Riddle predetermine the need for 25 police officers for crowd control in addition to K-9 and bomb tech units on standby?

Lt.  Riddle believes that people who exercise their First Amendment right to assemble peacefully should pay all costs of any such march or rally.

Last October the Rehoboth Commissioners voted for a special-events ordinance that did just that. In addition to a $600 nonrefundable application fee, applicants agree to pay any other costs associated with the event that the Rehoboth Police Department determines autocratically and without accountability.

I urge the Rehoboth commissioners to compare the ordinance that they passed with another resort city’s events ordinance. Virginia Beach recognizes the right to assemble peacefully -  referred to as expressive activity in their code.

There is no fee required for an expressive activity event if it doesn’t require a street closure. Other costs are waived if the applicant demonstrates in writing that they are financially unable to pay such costs.

In addition, the Virginia Beach city manager is required to waive the time prescribed for advance notice “if it unreasonably restricts the element of timeliness” of the expressive activity.

Was the Rehoboth ordinance designed to deter people from peacefully assembling in the city or to raise money for the city coffers? Or  both? Regardless of the intent, it must be amended to comply with  First Amendment rights.

Kit Zak
Lewes

 

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