OCEAN VIEW, Del. - The ACLU of Delaware is calling on Ocean View officials to repeal a new ordinance regulating public assemblies, arguing it violates fundamental First Amendment rights.
In a letter sent to the town council, the civil liberties group criticized the ordinance passed on July 8, which imposes time, place and manner restrictions on gatherings organized by community members or protesters.
Under the new rule, organizers must apply for a permit at least 36 hours in advance for any event involving more than ten people, pay fees up to $150, and comply with additional restrictions at the discretion of the town manager. The ordinance also limits demonstrations to between 8 a.m. and 8 p.m. and prohibits participants from wearing masks.
The ACLU of Delaware argued that these provisions undermine free speech and the right to peaceful assembly, especially in response to rapidly unfolding events.
“Introducing administrative hoops for people to jump through, on top of financial obligations with vague fees, is not honoring the First Amendment rights of the people of Ocean View. People should be able to express themselves publicly without this kind of interference.” said ACLU-DE legal fellow Jared Silberglied.
CoastTV reached out to the Town of Ocean View for comment on this ordinance. Town manager Carol Houck said, "At this time, I can share that we appreciate the information provided in the letter, have advised the sender of such and intend to quickly review the points raised with the Town Solicitor."