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Decatur attorney, councilman react to mayor's decision requiring permits to protest

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Wednesday 10-18 protest

It's been three months since Steve Perkins was shot and killed by Decatur Police. Since then, many in Decatur have protested, calling for justice. But now Mayor Tab Bowling says protesters have to begin following city policy and get a permit if they want to protest anywhere.

Bowling's decision stems from people protesting outside of his home and demanding justice for Steve Perkins. The mayor said in a statement Thursday that he respects the First Amendment but that the government has the right to place certain restrictions on free speech when it infringes on the rights and peace of others.

WAAY 31 asked Bowling for further clarification of his statement, and he said, “Anyone wishing to have any event, protest, parade, party, or whatever in any public space must have a permit from the city to have such an event. Depending on the event, it may require approval from the police chief alone. Some require the approval of several city departments. It all depends on what sort of event is being planned. Included in public spaces are parks, city-owned buildings and property, city streets and sidewalks, and the right of way.â€

He ended this statement by saying these are not new laws.

Mayor Bowling is using the city’s parade ordinance that was adopted in 1979 to cover protests.

An attorney in Decatur, Carl Cole, says he’s told protesters it's not wise to be out late making noise, but he thinks the city’s parade ordinance is way too broad.

Cole told WAAY 31, “There’s lots of different ways to protest. The broad prohibition that the mayor’s press release put out, just saying you can’t protest in Decatur without a permit, is not a chance that's constitutional. Now, can they do something about noise ordinance violations and blocking traffic? Absolutely, and that's something that they’ve done."

Cole continued, saying, "And that parade ordinance, which is what it is called in the code, is for homecoming parades, Christmas parades, and other things that are going to block the street. It's not for small protests on a sidewalk where you're not obstructing traffic or pedestrians."

Cole shared that requiring every single person and group of people gathering or protesting to get a permit approved by the city and police chief is an unsustainable rule, adding, “That's what the press release states and that's technically what the ordinance says; however, I just can’t believe that if anyone wants to walk down a sidewalk with signs, chanting and protesting that the city of Decatur is actually going to try and stop that, as long as the people are not being violent and not violating any other laws.â€

Councilman Billy Jackson told WAAY 31 the parade ordinance is too broad and wonders why the mayor is doing this now after he has allowed protests throughout the city for three months.

Jackson said, “A demonstration is something where people gather, so does that mean we can’t have a prayer vigil? Does that mean we have to have a permit for a prayer vigil or anything else? I think the mayor overstepped his bounds. I think there is a law at hand; I think it's way too broad. I think that we as a council need to amend that and take the words demonstration and assembly out of that ordinance, and that's where I am on it.â€

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