Broward Commission to Consider Anti-Occupy Policy: "Expressive Activities" Need a Permit

Categories: Broward News
first-amendment-rated-e.jpg
legaljuice.com
Well, "everyone" may need a permit.
The Broward Commission loves the First Amendment right of the people to assemble, as long as you get a permit two days in advance, don't bring tents or sound amplification, don't have more than the maximum people allowed, are out by 5 p.m., and don't outstay the maximum permit length of five days.

Well, at least that's what's going to be under consideration at tomorrow's commission meeting.

Occupy Fort Lauderdale voted last night to take another crack at a permanent occupation. That sort of permanent occupation would be specifically banned from county property under the current draft of the policy.

"Nothing in this policy shall be construed to create permanent public fora on County lands," the current draft says. "The County reserves the right to revise or repeal this policy at any time, including closing any or all of the designated public fora created by operation of this policy."

So here's how you'd get to express your right guaranteed by the United States Constitution:

A county administrator gets to decide the maximum number of people who can take part in your free-speech expression. At any time, that number could be changed.

Then you have to seek a permit in writing during regular business hours, two days in advance of your planned expression. You can apply no more than five days in advance.

You may request only a maximum of five days, and anyone requesting more time will have his or her application automatically denied.

By receiving a permit, you agree that the county is not responsible for any "loss, damages, or injuries proximately caused" by the permit holder or his or her associates.

If someone's already applied for a permit in a particular spot, the county may deny any further applications for that same location if they feel it can't accommodate any more groups.

The current language allows someone to bring folding chairs, tables no greater than 30 inches by 30 inches, as well as small food and beverage coolers, as long as they're for personal use only.

Any personal items -- which includes everything, even garbage -- have to be out of the area at 5 p.m. every day.

Then it places bans on affixing or attaching any signs to county property, bans sound amplification, tents, unsanitary conditions, and several other things.

That doesn't sound as good as the honorary piece of paper Occupy Fort Lauderdale received from the commission.

Those who don't like the Constitution being used as toilet paper are planning to show up at the commission meeting tomorrow at its regular 10 a.m. start time.

Click here for the commission's information regarding the discussed policy.


Follow The Pulp on Facebook and on Twitter: @ThePulpBPB. Follow Matthew Hendley on Facebook and on Twitter: @MatthewHendley.
My Voice Nation Help
9 comments
Alex Johnson
Alex Johnson

The item will be heard at 10:30.  You can park at the County garage to the west and get your ticket validated in the County Commission office so its free.   Speakers will be limited to 3 minutes.  You have to register to speak before they call the agenda item. The commission will then decide to approve Bertha Henry's proposed unconstitutional  ordinance,  disapprove it,  table it,  or adopt some other regulation.

KennyPowersII
KennyPowersII

Living in Florida is similar to living in the USA, but not the same.

Prior restraint is unconstitutional in the broad sense.  In the specific case it is beyond unconstitutional; it is unconscionable.  There was no evidence at the time and there is none now that the people in this demonstration had any intent to riot or commit violence at any sort of level beyond that in the general community. Your first duty is to the Constitution; a document that makes clear that it recognizes fundamental liberty interests.  The government cannot "bestow" those interests as they are not the government's to give.  They belong to the people -- to each individually.  They are unalienable, which means that even if ignored and violated, they still exist.  They can be willingly surrendered by a person, but only for the duration they so choose to surrender them; as an unalienable right they cannot be "given away" on a continuing and permanent basis by any single act or set of acts.An order repugnant to the Constitution is no order at all.  This is long-standing law; some cites:"The Constitution is a written instrument. As such, its meaning does not alter. That which it meant when it was adopted, it means now." South Carolina v. United States, 199 U.S. 437, 448 (1905)."If the legislature clearly misinterprets a constitutional provision, the frequent repetition of the wrong will not create a right." Amos v. Mosley, 74 Fla. 555; 77 So. 619."It is the peculiar value of a written constitution that it places in unchanging form limitations upon the legislation and thus gives a permanence and stability to popular government which otherwise would be lacking." Muller v. Oregon, 208 U.S. 412.Would you care to argue with the First Amendment?Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.The demonstrators do not need a permit to exercise a right.  You obtain a permit to exercise a privilege; by definition a "permit" is "permission."  Further, there is no limit on the time for such an assembly, either in its inception or for how long it may last.  The people clearly have the right to peaceably assemble for as long as they might choose, and in this case it appears that their intent is to so choose until their petition is heard and acted upon.You have no authority to take an action repugnant to the Constitution and you have a duty of discernment when so ordered to violate it.  You oath says so, and despite prior violations of that oath your duties under it are a continuing and permanent obligation.

Obermann
Obermann

Time for a new movement; ie, eliminating the broward county commission from power.

Lady Blah-Blah
Lady Blah-Blah

Does a Middle Finger constitute an 'Expressive Activity?'

Derek Harrison
Derek Harrison

This is what First Amendment Rights looks like in Broward County Florida

SMDrPepper
SMDrPepper

This is completely unconstitutional.  Not surprising considering its in Florida, but this is even more blatant than normal.And I suppose this will still allow the tea baggers to gather and cause traffic issues every weekend?

Herman Pain
Herman Pain

This was proposed by staff not the Commission

GuntherZorn
GuntherZorn

Change the Commission, change the staff.

Now Trending

Miami Concert Tickets

From the Vault

 

Loading...