MULLICA HEARING TONIGHT ON ASSEMBLY LAW

Posted in the Press of Atlantic City, Tuesday, August 25, 2009-Rob Spahr, Staff Writer

Residents have their say tonight on an ordinance that, if passed, will regulate private gatherings on public property - including the township's trash-transfer station, which often draws crowds on weekends.

Under the "Parades and Public Assemblies" ordinance, which is scheduled for a public hearing and final vote at 7 p.m., people or groups wanting to gather on township property would be forced to apply for a permit 30 days before their gathering. They would also have to provide proof of liability insurance 10 days ahead of time. Any request for a permit could be denied "at the discretion of the township," which also would have the authority to revoke any permit.

Opponents of the ordinance argue that it violates the Constitution's First Amendment and is unenforceable and too broad - which leaves it vulnerable to selective enforcement, they say. But supporters of the ordinance say it is needed to safeguard taxpayers from potential lawsuits.

Chief Financial Officer Dawn Stollenwerk said the ordinance was the recommendation of the township's insurance provider and that the restrictions would only regulate groups that want to "exclusively" use public facilities.

Paul J. Miola, the executive director of the Atlantic County Municipal Joint Insurance Fund, said the JIF urges all of its members to set up a permit process and insurance requirement for the use of their public facilities and recreation areas.

But Mullica's proposed ordinance never mentions the "exclusive" use of public facilities. It reads: "any (special event) … occurring on or proceeding along a public street, other public right-of-way, or public property within the township."

And Miola said "it is highly unlikely that every municipality in the county has these same restrictions," which was the claim of some township officials.

Critics argue the ordinance could leave people gathering for meetings, birthday parties, vigils - or even a game of catch - susceptible to selective enforcement.

Mayor Janet Forman has repeatedly said publicly that if someone is having a birthday party at the park, she would not check for permits. But the proposed ordinance also does not mention how many people constitute a "special event."

Public-assembly ordinances in towns such as Buena Vista Township (250 people), Absecon (15 people), Weymouth Township (15 people), and Galloway Township (1,000 people) only pertain to groups larger than those sizes.

Pleasantville Clerk Gloria V. Griffn said that city, which has an ordinance similar to the one Mullica proposes, only enforces it when an event is large enough for a street to be closed or for security personnel to be needed.

And municipalities such as Egg Harbor City, Port Republic, Linwood and Folsom only require permits when a group wants to use specific recreational facilities - as Miola said the JIF recommends. They do not restrict gatherings on other public properties or rights of way.

Stollenwerk and Mullica Township's solicitors said both issues would be regulated and enforced in Mullica Township using "common sense."

A major issue of contention is the restrictions placed on free speech at the township's waste-transfer station, commonly known as the town dump - a key location in Mullica, which does not offer municipal trash collection.

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."

Stollenwerk said JIF representatives told her that the first draft of the ordinance, which would have prohibited political campaigning at the dump, in no way violated the First Amendment.

However, the JIF's Miola said that there is no way a municipality could require groups wanting to protest or campaign on public property to get permission 30 days ahead of time.

"If a group wants to spontaneously protest or rally for something, you can't manage that right they have to do so," Miola said. "But if a group already knows, for example, that they want to hold a rally (in late September), the municipality should be within its right to ask for advance notice."

The township's solicitors have since added a clause excluding gatherings of political discourse, debate or other similar activity from the ordinance.

However, there will still be two restrictions on these activities at the transfer station. Any people or organized groups planning to campaign, protest or rally at the transfer station are prohibited from doing so at its entrance. They would also have to wear brightly colored safety vests to hold their rallies.