Boston Federal Appeals Court Reviews Major Free Speech Ruling:
MCLU Urges Court to Reaffirm that “Right to March Lies at the Core of our Freedoms”
Thursday, August 17, 2006
                       
PORTLAND – Today, the Maine Civil Liberties Union (“MCLU”) filed a brief with the U.S. First Circuit Court of Appeals in Boston, responding to the appeal filed by the City of Augusta from its loss in a recent District Court decision.  In December 2005, Bangor U.S. District Court Judge John A. Woodcock, Jr. struck down Augusta’s Ordinances for improperly restricting the rights of peaceful protesters to march in the state capital, including invalidating the large fees and advance notice requirements. In March 2004, the MCLU filed the lawsuit challenging the City’s Parade Ordinance and Mass Outdoor Gatherings Ordinances. The First Circuit is expected to hold a hearing on the City’s appeal in early October.
          
“Americans have a proud tradition of using political marches to protest injustice and reform their government,” said David Webbert, MCLU Cooperating Counsel with the Augusta firm of Johnson & Webbert, LLP.  “We are a country where everyone, not just the wealthy, has a right to be heard on the important issues of the day.” 
           
Judge Woodcock ruled that “the right to march lies at the core of our freedoms” and “commands this Court’s protection.” He found that Augusta improperly included a profit surcharge of almost $500 in its fee and imposed unjustified conditions on applicants to hold a march, including notice 30 days in advance and an in-person meeting with the Chief of Police. He also ruled that the City must provide a financial hardship exception to its fee because the right to march must be open to all Americans regardless of income. “To march is to speak,” said Judge John Woodcock in his 51-page opinion.  He wrote: “A march can be a powerful and effective community expression of ethos: to celebrate our heroes—as on Veteran’s Day; to applaud our commonly-held values—as on July 4th; or, consistent with this Country’s longest-held traditions, to protest our policies and attempt to effect change—as in Selma or Washington, D.C.”
           
“The First Amendment was specifically designed to protect the rights of those who disagree with government policy to join together and speak out in protest,” said MCLU Executive Director Shenna Bellows.  “The government should not be allowed to use the costs of traffic control as an excuse to suppress the views of those who oppose the war in Iraq.”
           
The case was brought by Timothy Sullivan of Rockland, one of the organizers of the March 20, 2004 “March For Truth” in Augusta, which promoted peace, end to war, universal health care, and benefits for military families.  Mr. Sullivan was charged almost $2,000 for the permit to hold the march.  Larry Dansinger, of Monroe, also joined the MCLU lawsuit, after he tried to hold a march for workers’ rights in the fall of 2004, but he was stopped by the prohibitive cost of the City’s permit, over $2,000.