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Constitutional Crisis Averted in Charlotte , NC


Constitutional Crisis Averted in Charlotte , NC
Goliath Roared But His Mouth Was Shut -- Victory!

We only learned last week, through a member of the press, that the police department in Charlotte, NC has been quietly at work drafting a new code for the "Picketing, Public Assembly and Parade Ordinance". They thought the old one needed some revisions. They thought the First Amendment needed some "tweaking".

Under this new proposal, all groups under 25 people, including a "group of one," would be required to give the police department 2-hours notice of their plans. If the group is more than 25, it would be required to apply for a permit (ask permission) 4 days in advance. Also included are brand new prohibitions against peaceable assembly and demonstrations at schools, parks and individual residences.

Click image for larger view
Click image for larger view
Faithful Christians rejoice and unite in prayer after the Charlotte City Council meeting as they undertake the battle for Religious Liberty.

About 30 Christians quickly mobilized and went to Monday's (2-23-04) City Council meeting to voice their concerns. Five Christians, each with a 3-minute limit, politely reminded the Council Members that the First Amendment of the US Constitution requires no permission from the Charlotte Police Department. We told them that the Founding Fathers, who pledged their lives, fortunes and sacred honor to make our country free, answered this question over 200 years ago.

Rev. Flip Benham boldly stated that "the best thing you could do to the First Amendment is to leave it alone." He quoted the First Amendment in its entirety, which states that "Congress shall make no law" restricting these things, and asked "should the Charlotte City Council make such a law?"

Ante Pavkovic, from FIRE Ministries, told the members of Council that our rights and freedoms are given to us by Almighty God, and that men have no authority to deny or restrict them.

Sheryl Chandler reminded the Council of recent history. A group of litigants filed suit 8 years ago to challenge the constitutionality of the old picketing ordinance which restricted sign size to 24" x 24". The Police Attorney back then argued that size limitations were needed for public safety. He argued that large signs would 1) obstruct officers' view of the event, 2) block pedestrian traffic, 3) potentially be used as weapons. All these arguments seem "reasonable" until you put them up against the Constitution. Only after this lawsuit was filed did the Charlotte Police Department recognize the First Amendment problem they had created. They also stopped enforcing other unconstitutional measures such as requiring demonstrators to stand 10' apart and limiting group size to 15 people per city block. Mrs. Chandler told Council that we would again "consider our legal options" if this new proposal is passed. She pleaded with them to "spare the city and the taxpayers the expense and embarrassment of a lawsuit."

Tim Hanline humbly spoke about his duty as a Christian man to defend the unborn. He appealed to the Council that surely, in 2004 AD, there were better ways of tracking and anticipating potential demonstrations and managing police resources accordingly than to stifle and restrict citizens. He urged the Council to "throw the whole thing out."

Warren Shinn, a Charlotte native, asked "who are we as citizens to deny Truth and require permits to speak Truth?"

Every speaker proclaimed the name of the One and Only God. Each speaker passionately lifted up the name of Jesus Christ in Council chambers. Each Christian told the Council that it was not only our right, but more importantly, our RESPONSIBILITY, to speak for the oppressed and voiceless in our community -- the unborn. It was an amazing testimony.

It is the capricious nature of men to invent laws to convenience themselves. This ordinance is clearly designed to convenience the police force. We are certainly for public safety, but not at the expense of liberty.

The Christians in Waco , TX are now reeling after their public access rights were stripped. They didn't know that the governing bodies were scheming until the tyrannical deal was made.

We were blessed to have been alerted in the nick of time. We believe that had we not been there, the measure would have passed. It all sounded so "reasonable" as the Police Department Captain and the Police Attorney presented their case with their public safety rationale...reasonable until you look at the history of our nation and our Constitution.

Many Council members listened intently to us and asked pointed questions of the Police Captain and Attorney. It was clear that their proposal was half-baked. They voted to send it to the Public Safety Committee for further study and promised to get community input and advice from experts in civil liberties. We will carefully follow this measure and will diligently petition the council members. Pray for us!

As we gathered in the lobby after the meeting, several of us spontaneously struck up conversations with Captain Sult and the attorney as they were leaving. We had great dialogue and hope some bridges were built.

Goliath raised his ugly head, made his roar, but his mouth was shut.

Contact Charlotte Mayor & City Council Members

Mayor Patrick L. McCrory (R)
600 E 4th Street
Charlotte NC 28202
704-336-2241
mayor@ci.charlotte.nc.us

City Council At-Large
Mayor Pro Tem Patrick D. Cannon (D)
6922 Culloden More Ct.
Charlotte NC 28217
704-890-1835
TryCannon@aol.com

City Council At-Large Member 2
Pat Mumford (R)
2208 Dilworth Road, West
Charlotte NC 28203
704-358-1689
patmumford@bellsouth.net

City Council At-Large Member 3
Susan Burgess (D)
1333 Carlton Ave.
Charlotte NC 28203
704-333-2874
sburg346@aol.com

City Council At-Large Member 4
John Lassiter (R)
2632 Winding Oak Dr .
Charlotte NC 28270
704-542-1426
Lassiter@bellsouth.net

City Council District 1
Patsy Kinsey (D)
2334 Greenway Ave.
Charlotte NC 28204
704-376-5367
pbk2@mindspring.com

City Council District 2
* James Mitchell, Jr. (D)
4110 Double Creek Crossing Dr. #111
Charlotte NC 28269
704-598-0147
jamesdistrict2@aol.com

City Council District 3
* Warren Turner (D)
PO Box 35465
Charlotte NC 28231
704-713-0452
district3_turner@yahoo.com

City Council District 4
Malcolm Graham (D)
3404 Cresta Ct.
Charlotte NC 28269
704-547-1193
MalcolmDist4@aol.com

City Council District 5
Nancy Carter (D)
1401 Cavendish Ct.
Charlotte NC 28211
704-336-3431
71170.3036@compuserve.com

City Council District 6
* John Tabor (R)
2425 Sharon Road
Charlotte NC 28211
704-362-1700
john@tabor2000.com

City Council District 7
Don Lochman (R)
6915 Linkside Court
Charlotte NC 28277
704-846-6976
djloch@earthlink.net

Charlotte City Manager (appointed)
Pam Syfert
600 E. 4th Street
Charlotte NC 28202
704-336-2241
psyfert@ci.charlotte.nc.us

* Council Member serving on Public Safety Committee that will be studying proposal