Ferndale Council Preserves Residents' Rights to Protest without Permit

Ferndale City Council passed an ordinance that will allow for extemporaneous demonstration and protests without approval of a permit.

The ordinance was originally part of a revision to the city's special events ordinances. The special events committee for Ferndale looked at its fee structure and made some recommendations to council in March: most notably, to remove a 7 percent administrative fee and remove a charge for parking lost, to be charged to the permit holder during an event.

City Clerk Cherilynn Tallman said research had showed that parking revenue actually increased despite streets and lots being closed off.

Part of this revision, at the time, also required protests or demonstrations of 100 or more people to seek a permit to allow them to demonstration.

Councilman Scott Galloway asked that this portion of the recommendations be redrafted to "preserve the right for people to protest and petition."

The ordinance will require a permit only for demonstrations on public property that will utilize equipment such as bleachers and consume city electricity. 

Formerly, any and all demonstrations that used public streets and sidewalks were required to apply for permits and be approved before taking place.  Demonstrations are defined as any gathering, march or parade with more than 100 people with the sole purpose of expressive activity on public property.

In addition, City Council also recommended an ordinance to shorten the amount of time needed for a demonstration to get approval from the city. 

Currently, the city of Ferndale requires a gathering of less than 500 people to put in an application for a permit three months in advance. Gatherings with more than 500 people need a six-month advance notice.

Council believed the application process hinders time-sensitivity to important events. And if a gathering of more than 100 people did not get the proper permissions, the persons involved could be given written citations. 

“It wasn’t our intent to limit that free speech, but (free speech) certainly would have been permissible the way it was written previously,” said Mayor Dave Coulter.

Tallman noted that if the time is shortened, it must be brought to the council at least two meetings prior to the event.

She said the city needs that time to assess liabilities and risk management, such as fire and other hazards. Moreover, there must be proper handling if liquor will be present, and businesses within 300 feet of the gathering must be properly notified of the gathering. 

However, Galloway said, free speech has been preserved.

"If you’re going to show up on City Hall’s front yard and scream and yell at us while we’re meeting in here, you don’t need to have a permit to do that,” said Galloway. "I think that's what way it should be, and certainly, that's what democracy is all about."