Agenda 05-10-22; 5 - Additional Discussion on Regulation of Large Gatherings

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4 Page 2 of 3 disorderly and violent conduct, or the imminent threat of disorderly and violent conduct, results in injury or damage to persons or property or creates a clear and present danger of injury or damage to persons or property. (b)Any person who willfully engages in a riot is guilty of a Class 1 misdemeanor. (c)Any person who willfully engages in a riot is guilty of a Class H felony, if: (1) In the course and as a result of the riot there is property damage in excess of fifteen hundred dollars ($1,500) or serious bodily injury; or (2) Such participant in the riot has in his possession any dangerous weapon or substance. (d)Any person who willfully incites or urges another to engage in a riot, so that as a result of such inciting or urging a riot occurs or a clear and present danger of a riot is created, is guilty of a Class 1 misdemeanor. (e)Any person who willfully incites or urges another to engage in a riot, and such inciting or urging is a contributing cause of a riot in which there is property damage in excess of fifteen hundred dollars ($1,500) or serious bodily injury, shall be punished as a Class F felon. In addition, §14-277.2 prohibits the carrying or possession of dangerous weapons at a parade, funeral procession, picket line, or demonstration. It does not apply to individuals permitted to carry weapons such as through concealed carry firearm permits. Time, Place, and Manner Restrictions The County may establish limitations on how, when, and where protests or assemblies occur. In order to impose time, place, and manner restrictions the restriction itself must be reasonable, viewpoint neutral, and narrowly tailored to serve a legitimate government interest with minimal imposition on constitutional rights. Some examples of how these guidelines work in particular situations: • The public square. In places that are traditionally considered "public forums"for free expression such as sidewalks, parks, and public squares there is limited authority to restrict gathering for the purpose of expression. • The courthouse steps. Similar to the public square the steps of the courthouse is an area that is traditionally considered a public form for expression and gathering. • Size limits. Size limitations on government sponsored events or on public gatherings when the limitations are temporary or of an emergency nature are generally permitted so long as the limitations are not based on the viewpoint of whatever expression is being promoted at the gathering. A federal district court struck down a local ordinance that limited the size of most public gatherings in a traditional public forum because it wasn't narrowly tailored to serve a legitimate government purpose (Housing Works, Inc. v. Safir, 2000). • Permits. Generally, local governments may require permits for demonstrations, parades, and other large gatherings. These permits may not impose unreasonable fees or create obstacles to viewpoint expression. • Curfews. Local governments may also generally impose curfews during emergencies even as it relates to gatherings for the purpose of free expression. • Buffer zones. Some buffer zone restrictions are permissible so long as they have no disparate impact on viewpoints. A buffer zone should exclude all entrants without regard to