Last October the Rehoboth Beach commissioners unanimously passed a special-events ordinance which is now Chapter 230 of the municipal code. At a January commissioners’ meeting, six speakers explained why they believe Chapter 230 violates the First Amendment right to assemble peacefully. Here’s why the speakers think it’s a bad ordinance:
• Chapter 230 requires all applications for a permit include a nonrefundable $600 fee, even though the courts have repeatedly struck down prohibitive fees imposed on citizens exercising First Amendment rights of assembly. The Supreme Court has ruled that only nominal fees are constitutional.
• Chapter 230 requires all applications for special events must be submitted at least two months in advance of the event. There is no distinction in the code between an annual event such as a parade, and a rally where people assemble in response to a recently announced government policy like offshore drilling.
• Vague wording in Chapter 230 such as reasonably expected to have a significant effect gives unbridled authority to one city employee.
This ordinance allows a permit to be denied because the location will cause undue hardship to adjacent businesses, residents and/or property owners.
Virginia Beach’s special-events ordinance was offered as an example of a city code that recognizes differences in various public events. When people are exercising their right to assemble, Virginia Beach allows for a modification of the filing deadline and does not require a fee if there are no street closures.
As per policy, no commissioner responded to speakers during the public comments section of the January meeting, but those of us who spoke were hopeful that the commissioners would acknowledge the need to amend Chapter 230 during the ‘new business’ section.
That did not happen. Instead Mayor Kuhns invited Rehoboth Police Chief Keith Banks and Special Events Officer Lt. Jamie Riddle to explain why the ordinance did not need to be amended.
Chapter 230 grants authority to approve or deny special-events permits to the city manager, yet the two police officers stated they are the experts in categorizing events, and it is withintheir purview to decide who gets a permit. They also spoke about waiving part of the fees for some events as they worked through enacting the ordinance. How can the police waive all or part of the fees if the ordinance, as passed, gives no one that authority? The commissioners and the police officers frequently referred to the ordinance as a work in progress. Why is an ordinance that is now embedded in the Rehoboth Municipal Code called a work in progress?
At the end of the discussion, Lt. Riddle said: There are 1,200 square miles in Sussex County; 930 miles are land. Rehoboth Beach is one square mile. Why is it so important to have these events in that one square mile?
I think it is up to the mayor and commissioners of Rehoboth to answer Lt. Riddle’s question.
They can find the answer in the First Amendment.
Joanne Cabry
Rehoboth Beach
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