EDITORIAL
SET REASONABLE LIMITS
Unregulated City Hall protests monopolize space belonging to everyone
Published: Friday, July 30, 2004
EDITORIAL & COMMENT 10A
Now that the loudspeakers, name-calling, post-midnight demonstrations and other hallmarks of the recent, weeklong Operation Save America rally have left the City Hall grounds, the time is right for City Attorney Richard C. Pfeiffer Jr. to bring forth reasonable rules to prevent a recurrence.
To be clear: Operation Save America should be allowed to proclaim its message in public places, including the City Hall lawn, even if many people don't welcome it.
The group relishes provocation and confrontation, exhibiting a particular animus against gays, abortion-rights supporters and Islam.
Similarly, constitutional guarantees of free speech require that dedicated antagonist Jerry Doyle be permitted to address the Columbus Board of Education and City Council at their meetings, even if his rants are unintelligible.
But public officials can and should impose reasonable order on public speech so that all members of the public can go about their business.
Operation Save America's protest went on for days, attracting counter-protesters and obligating the city to spend yet-uncounted tax dollars in police overtime.
People complained that the group's prolonged stay gave the impression that the rowdy, sometimes-confrontational event, studded with graphic photos of aborted fetuses, was city-sponsored.
Rowdy and even disrespectful protests are standard in a democracy, but all are subject to limits.
A sidewalk-occupancy permit the group obtained for $174 allowed it to set up tables for prayer. But the group set up no tables and spent little time on the sidewalk, instead sticking mostly to the lawn, where no rules govern public use.
The tactic may have been intentional; an attorney for Operation Save America contacted Pfeiffer's office and carefully researched the city code well before the group came to town.
In trying to write rules, setting reasonable time limits would be a good place to start.
Pfeiffer, who is researching the matter, could look for guidance to the Capitol Square Review and Advisory Board, which governs public use of the Statehouse grounds.
After the state prohibition on a Ku Klux Klan rally was declared unconstitutional by the U.S. Supreme Court in 1995, the board adopted new rules: A group can get up to 25 permits per year; each is good for up to 72 hours; no back-to-back permits are given. Events must start after 7 a.m. and end by midnight .
Signs on sticks, poles and stakes are prohibited, and signs can't be left unattended.
Despite some provocative actions by Operation Save America and a few citations and arrests, the demonstration remained mostly under control, if a little noisy. Pfeiffer credits that to the wisdom and calm of Columbus police officers at the scene, led by Lt. Jeffrey Puls.
Taxpayers can be thankful for such good service, but Pfeiffer is right to suggest that the city should put some limits in place |