City of Wilmington Trying to Shut Down Your Freedom to Assemble
On March 7, 2012, there will be a meeting of the City’s L&I Committee that will take up changes to City Ordinance 12-010 that look specifically targeted at the Occupy Delaware folks and will generally restrict the freedom of Wilmington residents to assemble, unless the government pre-approves your assembly. It also lets them pre-approve the time, the place, the duration, the financial capability of the group (in getting the insurance), and other factors that might restrict your ability to protest or even to petition the government for redress.
You can see the changes to the proposed ordinance here (pdf). So the City wants to raise the bar for being able to protest and completely wipe out the Occupy Delaware group by making camping illegal on city property in the first place. What is amazing about this is that the Occupy folks have been the textbook case of “peaceable assembly”. The only people they are bothering are powers that be that *are* the very visible targets of said protest. Other than a couple of City Council foks, I don’t even know if the City government or even the bankers downtown have made the effort to even meet with the Occupy group (or, frankly, any of the other groups protesting in the city). And this isn’t just about the Occupy folks. How about the various (small) rallies related to housing or mortgages or even for Pacem in Terris? Some part of the Pacem group has been typically at the corner of Pennsylvania and I-95 pretty much every Friday since the Iraq War started and this group has been nothing but peaceable.
But here we have the City of Wilmington — aided by Councilwoman Hanifa Shabazz and Councilman Paul Ignudo — looking to further restrict the ability of people who want to protest the government, the banks, their employers for just one reason — it is just too hard to be confronted by people who won’t go along with the program or who insist on being heard. This allows the city further leeway in creating protest ghettos as they see fit. Even though they have included the fig leaf of claiming that the content of the protest won’t be a factor in the business of issuing a permit. Even though they get to approve the circumstances or form of your protest.
It is amazing to me that the City and the City Council would be spending their time on *this*. People in this city have been screaming for better policing, we have neighborhoods with extensive L&I issues that need addressing, we have a looming massive deficit and a government of an unsustainable size and this is what the City and the City Council are working on? With all of the issues facing this City, you’d think that they might be grateful that there are protesters interested in petitioning for some redress. But then, this is typical of this Council and then they have no idea why people don’t see them as an especially effective body.
You do have a chance to speak to the changes to this Ordinance. The Committee Meeting tomorrow starts at 4:30 at the Louis Redding Building down on French St. You can also email, call or write the City Councilpeople:
Norman D. Griffiths
Council President
Phone: (302) 576-2140
Fax: (302) 571-4071
E-mail: ngriffiths@WilmingtonDE.gov
Charles Potter, Jr.
1st District Council Member
Phone: (302) 576-2140
Fax: (302) 571-4071
E-mail: cpjr00@aol.com
Ernest (Trippi) Congo
2nd District Council Member
Phone: (302) 576-2140
Fax: (302) 571-4071
E-mail: sammycongo@aol.com
Eric D. Robinson
3rd District Council Member
Phone: (302) 576-2140
Fax: (302) 571-4071
E-mail: 3rddistrep@gmail.com
Hanifa G.N. Shabazz
4th District Council Member
Phone: (302) 576-2140
Fax: (302) 571-4071
E-mail: hshabazz@WilmingtonDE.gov
Samuel Prado
5th District Council Member
Phone: (302) 576-2140
Fax: (302) 571-4071
E-mail: sammy_wilm@yahoo.com
Kevin F. Kelley, Sr.
6th District Council Member
President Pro Tempore
Phone: (302) 576-2140
Fax: (302) 571-4071
E-mail: 6thdistrict@comcast.net
Paul F. Ignudo, Jr.
7th District Council Member
Phone: (302) 576-2140
Fax: (302) 571-4071
E-mail: ignudo7th@comcast.net
Stephen L. Martelli
8th District Council Member
Phone: (302) 576-2140
Fax: (302) 571-4071
E-mail: smartelli2008@yahoo.com
Michael A. Brown, Sr.
Council Member At-Large
Phone: (302) 576-2140
Fax: (302) 571-4071
E-mail: mabrown@WilmingtonDE.gov
Charles M. “Bud” Freel
Council Member At-Large
Phone: (302) 576-2140
Fax: (302) 571-4071
E-mail: budfreel@aol.com
Loretta Walsh
Council Member At-Large
Phone: (302) 576-2140
Fax: (302) 571-4071
E-mail: lwalsh@WilmingtonDE.gov
Justen A. Wright
Council Member At-Large
Phone: (302) 576-2140
Fax: (302) 571-4071
E-mail: justen@justenwright.org
Let them know what you think ASAP.
Nicely said. But I heard yesterday that the legislation has been withdrawn for consideration. Apparently, opposition to it was too vociferous. But, of course, they could always try again in the future.
I’m no lawyer, but I’m not sure this would stand up to a court challenge. If the government has to pre-approve your assembly, isn’t that prior restraint? Can you refuse a request to assemble on the assumption that it will not be peaceable?
Dana’s right — this legislation has been withdrawn and it is not known yet when or if it will come back. Apparently the pretty large opposition of the Occupy folks was in the process of being politely ignored. It was when the Building Trades expressed their dismay and committed to be at the Committee meeting that the legislation got pulled. These are the same Building Trades who *supported* a job training program run by Councilwoman Shabazz for a few years.
It is well worth being on the watch for, though. I doubt the City is done trying to reign in protest efforts. But if you were planning to be at the meeting this afternoon, this item is off of the agenda.
According to Maribel Ruiz, Clerk for Wilmington City Council, the proposed ordinance (12-010) has been pulled from the agenda for this afternoon’s (3/7/12) public hearing of the Housing and Licensing and Inspection Committee, to whom the ordinance had been referred, at the request of one of the ordinance’s sponsors, Councilwoman Hanifa G.N. Shabazz for further discussion.
It’s been “pulled” but is not dead.
http://www.occupyde.org/2012/03/city-ordinance-attacking-1st-amendment-rights-pulled-dead/
Thanks, Jen!