Protesting in Spokane
Last week, members of the Spokane
community gathered at the Spokane County Courthouse for a rally against white
supremacy. This came following the discovery that now former Spokane County GOP
Chair Cecily Wright invited political commentator James Allsup to speak at a
private event that took place in July. Citizens of the county saw this as an
opportunity to voice their disagreement with this decision in a public forum.
Thursday’s event was just one of a
handful of protests that have taken place in Spokane this year; protests
regarding immigration reform and reproductive rights have also taken place over
the last few months. While most of these recent events have happened without
problem, one in June 2014 led to the arrest of 12 protesters. These arrests
were a direct cause of incorrect protesting on public property and could have
been avoided with the use of proper permits.
“Proper” Protesting
In order to protest on public
property within the city limits of Spokane, a special event permit must be acquired
at least 30 days prior to the proposed event. This permit requires a $50
administration fee, and for some, an added fee to the fire marshal. In addition,
the city requires an insurance policy protecting the city from any damage. Spokane
also reserves the right to charge up to $500 for the labor and use of Spokane
municipal employees if the event requires the stoppage of traffic or
setup/takedown assistance.
When asked about the permit fees in relation
to the first amendment rights, the cities official response is, “[t]he City of Spokane recognizes that freedom of petition
is an essential first amendment right. However, the potential disruptive effect
that such a demonstration can have on others in the surrounding area will
require a special events permit, and as long as the event does not require
street closure, the costs will be limited to the $50 administrative fee.”
Permit applications and
additional information on what events need a permit, as well as how that permit
is acquired, can be found on the cities website: https://my.spokanecity.org/account/permits/
First Amendment
The ability for cities to
require fees related to protesting would seem to limit or violate the
protections created under the First Amendment. In Cox v. State of New
Hampshire, the courts determined that cities are able to require fees related to
protests or rallies so long as the required fee is nominal, typically less than
$300. Forsyth County, GA v. Nationalist Movement states this fee is intended to
be uniform, meaning that it cannot be adjusted because of the content, type, or
reason for protest. Fees are waivable by the city without issue, but this is
rarely done, only for special circumstances.
References
Cox v.
State of New Hampshire, 312 U.S. 569, 61 S.Ct. 762 (1941)
Forsyth
County, GA. v. Nationalist Movement, 505 U.S. 132. 112 S.Ct. 2395
Sokol, C. (2018, August 3).
Spokane County GOP chairwoman was one of three to resign after
Allsup appearance. The Spokesman-Review. Retrieved from http://www.spokesman.com/stories/2018/aug/03/spokane-county-gop-chairwoman-was-one-of-three-to-/
Spokane Police Department. (n.d.). 12 people arrested at immigration protest in downtown Spokane. KHQ
06. Retrieved from http://www.khq.com/story/23962267/12-people-arrested-at-immigration-protest-in-downtown-spokane
