Blackshear, Georgia Agrees To Remove Ordinance Requiring Permission to Protest
In 2021, police in Blackshear, Georgia, issued a felony quotation in opposition to Jeff Grey for holding an indication that learn “God Bless the Homeless Vets” exterior the city’s metropolis corridor. The city’s police chief even admitted whereas he was citing Grey that the native regulation was “sort of foolish” however nonetheless ticketed him for failing to acquire Blackshear Metropolis Council’s permission earlier than holding a “parade, procession, or demonstration.”
Nonetheless, following a lawsuit difficult the native ordinance on First Modification grounds, the town has now agreed to take away the regulation—and make a donation to a charity for homeless veterans.
“It is a new daybreak in Blackshear,” FIRE lawyer Harrison Rosenthal mentioned in a Thursday press launch. “People do not want a permission slip to talk in entrance of metropolis corridor. The First Modification is their permission slip.”
Since 2011, Jeff Grey has carried out a collection of “civil rights investigations” in cities throughout the southern U.S. on his YouTube channel. In his movies, Grey peacefully workouts his rights—resembling the precise to movie police throughout a visitors cease or to peacefully protest—so as to check whether or not native regulation enforcement will respect his civil rights.
On August 18, 2021, Grey engaged in certainly one of these “investigations” exterior Blackshear’s metropolis corridor, holding an indication that learn “God Bless the Homeless Vets.” Quickly after, he was approached by Police Chief Wright who requested if he was “making an attempt to show just a little bit.” When Grey replied that he was, Wright responded that Grey would want “to get a allow first to show on any public property,” including that the regulation was “sort of foolish, however that is what the principles are.” The police chief additional knowledgeable Grey that metropolis regulation required him to ship a letter to the Metropolis Council explaining the “trigger” of his protest and look ahead to a allow. When Grey refused to go away, Wright issued a felony quotation to him for violating the town ordinance.
In January of this 12 months, the Basis for Particular person Rights and Expression (FIRE), a First Modification nonprofit, filed a lawsuit on Grey’s behalf, arguing that the ordinance was plainly unconstitutional.
“Members of the general public have a clearly established First Modification proper to interact in expressive actions in conventional public fora with out acquiring advance permission from authorities officers,” the go well with famous. “In implementing the ordinances in opposition to Grey, Chief Wright violated Grey’s First Modification rights by prematurely ending Grey’s expressive exercise, chilling his capability to talk additional, issuing him a felony quotation, and asserting beneath colour of regulation that Grey’s expressive rights are conditioned on the prior approval of metropolis officers.”
On Thursday, FIRE introduced that it had reached a settlement with the town. The town agreed to revoke the unconstitutional ordinance requiring permits earlier than demonstrations and to make a symbolic $1,791 donation (reflecting the 12 months the First Modification was ratified) to a charity for homeless veterans.
“That is the type of state of affairs the place a municipality or a metropolis has left a dusty outdated regulation lingering on the books, and it was a regulation that was very clearly unconstitutional. However as a result of cities have a tendency to go away unconstitutional legal guidelines on the books, fairly than repealing them, ultimately a police officer was going to select up that e-book and throw it at someone,” FIRE lawyer Adam Steinbaugh tells Motive, including that the settlement serves as “a warning to cities that you may’t depart dusty outdated unconstitutional legal guidelines lingering on the books as a result of they are going to create dangers for the rights of your residents and in your metropolis.”
