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.
Ocean View said in a statement to CoastTV, "Ordinance 405 was enacted to establish a permitting process for First Amendment assemblies on Town owned property in order to promote the general health, safety and welfare of the community."
While the ordinance underwent public hearings, the town said that "no aspect of the Ordinance was contested by anyone, including the ACLU." said the release.
Ocean View will revisit the ordinance at the September Council meeting, “to ensure no one’s First Amendment rights are inadvertently impacted by our ordinance." said Mayor John Reddington.
Ocean View local Dirk Hagen said the new restrictions don't appear to directly harm anyone and described the guidelines as reasonable.
"It isn't restricting people from saying what they believe and want to say," Hagen said. He added that taking another look at the ordinance "might be a good idea too."
A group of visitors to Ocean View told CoastTV the ordinance goes too far, calling it government overreach.
"This feels like a step in the wrong direction," one visitor said. "Rules like this may seem small now, but they can lead to more serious restrictions in the future."
If the ordinance is repealed in September, it would have a second reading, public hearing and a possible vote in November, according to the town.
