OCEAN VIEW, Del. - The Town of Ocean View has committed to a thorough review of its ordinance regarding protests, including hiring special counsel, Connolly Gallagher LLP to assist in the process.
Previously, the Ocean View Town Council delayed its decision on repealing the ordinance, which places restrictions on public assemblies in town parks and other property.
Mayor John Reddington said initially the ordinance received no feedback from the public. But outreach by the ACLU Delaware prompted the town to work with legal counsel to evaluate the issues raised.
"While some hoped an immediate repeal would take place, doing so was deemed unadvisable by the Town Solicitor, recommending we follow the doctrine of ‘legislative equivalency’ if it’s determined that a repeal of the ordinance is appropriate," said Town Manager Carol Houck. "Our interest in a comprehensive review called for a pause to ensure we’re taking a thoughtful approach."
As CoastTV previously spoke with Cheryl Siskin, one of the protesters from the Sept. 9 town council meeting, said the ordinance is unconstitutional.
"To put unreasonable burdens on the right of free speech has been prohibited under our Constitution for hundreds of years," she said.
At the meeting, officials noted that the ordinance has not yet been applied, as no requests to assemble on town property have been submitted. In the meantime, the town manager says any new requests will be reviewed individually, with the current evaluation process in mind.
Max Walton, a partner at Connolly Gallagher LLP, will lead the engagement on behalf of the town. The ordinance is expected to be revisited by the council in October.