From the Press of Atlantic City, July 30, 2009-Rob Spahr, Staff Writer
The Township Committee amended and reintroduced a controversial ordinance to regulate private gatherings on public property.
Under the new "Parades and Public Assemblies" ordinance presented Tuesday night, people or groups wanting to gather on public property in the township would still be forced to apply for a permit 30 days prior to gathering and then provide proof of liability insurance coverage 10 days prior to the gathering. Any request for a permit could be denied "at the discretion of the township," which also would have the authority to revoke any permit.
The American Civil Liberties Union of New Jersey told The Press of Atlantic City in May the ordinance would be "clearly unconstitutional" if it included public protest, campaigns, vigils or rallies.
The First Amendment states, "Congress shall make no law ... abridging the freedom of speech ... or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
As a result of similar criticism, the township's solicitors drafted an addendum that would exclude gatherings of political discourse, debate or other similar expressive activity from the ordinance.
There will still be two restrictions on these activities, however.
Any people or organized group that wants to campaign, protest, rally or hold a vigil at the waste transfer station are prohibited from doing so at the entrance of the facility and must wear a brightly colored safety vest when doing so.
Mayor Janet Forman said this was put into place at the recommendation of a loss-control report that a safety engineer for the township's joint-insurance fund, or JIF, recently filed with the township.
"I'm going against my better judgment allowing this activity to go on there at all, but I'm willing to compromise," said Committeewoman Kathy Chasey, adding she felt any gathering at the transfer station created an unsafe environment. "Our professionals said they don't think this should be going on there at all."
The township's Democrats have criticized the Republican majority for pushing through the ordinance as an attempt to hinder opposing political campaigns. Area politicians regularly politick at the heavily trafficked waste transfer station.
Democratic Committeemen Bernard Graebener and Michael St. Amour attempted to table the ordinance until a JIF representative could explain where the information in the loss-control report came from.
"This still violates free speech, and I feel that this report is completely unsubstantiated," Graebener said. "I would like to know how he got this information."
But the Township Committee still voted, 3 to 2, to move forward with the ordinance even though Graebener and St. Amour had a number of concerns and Committeeman William Kennedy had not read the report prior to the vote.
"If all it is is keeping it at the exit and wearing an orange vest, I don't have to read it," Kennedy said. "It's a matter of safety."
When the Township Committee was questioned on how the ordinance would be applied to private gatherings, such as birthday parties, the answer given was - "common sense."
"If you're out there having a birthday party, I'm not going to go out there to see if you have a permit," Forman said. "This is a way of protecting our taxpayers if an accident occurs."
St. Amour said this reeked of selective enforcement and showed the true intention of the ordinance.
"I really have a problem with this falling under the guise of 'safety.' It is the worst misuse of the term 'safety' that I have ever seen," said St. Amour, adding there has never been a documented safety issue at the transfer station caused by gatherings there. "To me the obvious fact here is this was only designed to stop campaigning at the transfer facility. And had the specter of free political speech not been raised, this would've precluded people the right to disseminate political speech at the dump."
The "Parades and Public Assemblies" ordinance is expected to be heard on first reading at the 8/11/2009 Township Committee Meeting at 7:00 PM.
15 comments:
You know, we all pay property taxes for our park. I don't know why we now also need a permit and proof of insurance to use it. This is ridiculous. I expect a sizable cut in my property taxes if we're to pay twice.
It is outrageous that Kathy, Janet and Bill would vote to limit information exchange at the dump for a reason that does not exist. There have not been safety problems at the dump with the one exception of Janet's husband deliberately going after Mike St Amour with his truck. They (Kathy, Janet & Bill) will use their "common sense" on who will need to apply for a permit? I guess this will be another instance of friends don't have to get a permit and competitors will need one. This kind of random law is unjust and unfair and doesn't meet the definition of equal protection under the law. It will be interesting to see if the author of the JIF report ever shows up for a committee meeting where he can be questioned about his source material. Finally Bill says he did not need to read the report because it was a safety issue. If he had read the report, he would have learned that this is anything but a safety issue.
If Chasey, Forman and Kennedy are going to abdicate their deliberative authority to others like this, then then should not be in office.
Maybe we need to legislate the wearing of hard hats too, for safety's sake, of course.
So now we have to ask permission to hold a birthday party and hope that Kathy and company are in the mood to grant the permit or say that one isn't needed or something else. It is like we don't live in the USA anymore.
Does Forman's statement make any sense to you?
"If you're out there having a birthday party,I'm not going to go out there to see if you have a permit,"Forman said. "This is a way of protecting our taxpayers if an accident occurs."
By passing this Ordinance,Forman,Chasey and Kennedy are making it illegal to for us to go on public land. Mayor Forman is saying straight out that nobody will stop you from going on the property but if you're hurt and you don't have a permit to be there,it will be said that you were on the property illegally and that will be a point in the insurance company's favor.
Mayor Forman is forgetting that we,the taxpayers, OWN the land and we PAY for the insurance to cover us on OUR land.
Why are Forman,Chasey and Kennedy working for the insurance company and not us? They are taking the burden of coverage off this well paid company and and sticking it on us.
None of these changes would have been made if it wasn't for the fact that they tried to stop the political competition and it back-fired in their faces again.
RE: 9:32 PM post
Unfortunately, selective enforcement of our ordinances is a big part of the way business is done in Mullica. Its just how things work here. The first question always asked is "Who is it?". This new ordinance is no different. Everyone one will be included but the "authorities" will use "common sense" when and who to enforce it against.
And don't expect the town's lawyers to be sympathetic if you get injured while on town property, even if its the town's fault. No permit and they gotcha.
If politicians only spoke the truth, Ms. Forman's statement would have read:
"This is a way of protecting the insurance company if an accident occurs".
Let me see if I got this straight, the committee voted, including Mr. Kennedy and HE NEVER READ THE REPORT ON WHICH THE VOTE WAS BASED???? Then you expect to have them decide who has to get a permit based on "common sense"? It's quite apparent Mr. Kennedy has no common sense if he didn't even read the report, so how can he make a judgment call what is and isn't allowed?
These three are biggest bunch of dishonest elected officials sitting up there in a while.
Mr. Kennedy should have at least requested an extension of the vote until the next meeting so he could have had the opportunity to read the report first or he could have abstained from voting if his motion wasn't granted.
12:15 ... You forgot something! Kennedy cant read!!!!
Whether you are Republican, Democrat or an Independant voter, it is very necessary that you seriously consider voting against Chasey and her running mate. It is time that the people of Mullica vote again to get rid of those who infringe upon our rights, and who's backdoor decisions favor their friends with laws that give away our township and our serene environment, as well as having cost us taxpayers a lot of wasted money. Vote conscientious and honest people into our government, by voting for the Democratic candidates. It's going to take a large anti-Republican vote to unseat these scoundrels and the large voting bloc of Republicans that do get out and vote their party in, no matter who represents them. We have got to take our township back before it is too late.
Sure, Kennedy didn't read the report, but he doesn't have to. Forman and Chasey tell him how to vote on each and every issue. While Forman and Chasey are intent on taking away the rights of Mullica's residents, Kennedy is the most useless of the three. He simply cannot think for himself. Kennedy: the ultimate puppet.
As one writer has written you have to take your township back. As a Mullica resident this is the first time I have been on Gadfly and also had the opportunity to watch the last township meeting. I was floored on the presentation of the meeting and the way it was conducted. First of all how can you vote on an ordinance if you haven't even read it? I would think that the so called vote was illegal,especially admiting on tape and in front of the public you didn't read it. This person Mr. Kennedy has to go. I surely hope the people of Mullica don't want a person on thier governing body that just votes and don't even have a clue what he has voted on because he hasn't read it.Than you have your Mayor Janet Foreman and Cathy Chasey who obviously has sold us down the river reguarding the rec field and the dump site. You definitely don't want them in office . As I said this is the first I have read Gadfly and had the opportunity to watch a Township Meeting. Mullica Residents wake up you have to get these 3 people out. You need people who will represent you. You pay taxes that pay them . They obviously are not transparent and favortism with them goes along way. You have rights so don't let them take them away.
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