Activists challenge demonstration fees

PORTLAND – A federal judge is scheduled to hear a challenge of an Augusta ordinance that requires organizers of demonstrations and protests to pay a fee covering the cost of overtime for police and traffic patrol.

The city says the fees are necessary to shield taxpayers in one of Maine’s most frequently used protest sites, but attorneys argue that doing so places an unfair burden on those who want to be heard and can’t afford other venues.

“We’ve got to protect this,” said Davie Webbert, who is representing Timothy Sullivan, who paid $1,700 for the March for Truth Coalition parade last year. “We can’t just limit access to free speech to those who have the ability to pay.”

The case originated last year when Sullivan sought a restraining order against the city ordinance after paying for last year’s parade.

The ordinance requires activists to apply 30 days before a march and to outline their route in a meeting with police. Both sides have agreed to allow U.S. District Court Judge John Woodcock issue a decision, which could affect other Maine municipalities such as Portland and Brunswick with similar ordinances.

First Amendment advocates are pursuing similar cases in Pennsylvania and Georgia, according to the Maine Civil Liberties Union.

Opponents of such ordinances say they are unfair because the requirement prevents activists from responding to developing events, and a meeting with the police chief might be unfair if the march were to protest police misconduct.

But Augusta’s city attorney, Stephen Langsdorf, said the U.S. Supreme Court has ruled cities can charge fees for costs surrounding marches without violating the right to free speech, as long it does not favor one group.

Augusta’s fees are reasonable and neutrally applied, he said. Demonstrators who want to march also can use city sidewalks for free, he said.

But Webbert scoffs at the notion. Marches are an effective means of expression because they attract attention and reach the broader public. Marchers walk side by side and carry banners. That can’t be done on a sidewalk, he said.

“What if they made Martin Luther King stay on the sidewalk?” Webbert said. “It is important to be in the street.”