Greenville
officials consider change in picketing ordinance
By
Matthew Burns
News staff writer
MONDAY, FEBRUARY 27,1989
The city of Greenville is considering
amending its ordinance on picketing to allow small groups to
demonstrate without a permit, and an Anderson man said the
change is part of a settlement of his suit against the city over
his arrest in 1982 for picketing.
The proposed amendment would clarify an
ordinance that was drafted decades ago, City Attorney Steve Kern
said Friday. He said the current ordinance makes no distinction
between a demonstration, a parade or a festival such as Fall for
Greenville, while an amended version would define various
instances in which a permit would or would not be necessary.
"That (ordinance) is a really old thing,
and we've been processing too many permits because it's not
really clear, Kern said. "We need to differentiate
activities that would disrupt traffic and those that are just
First Amendment cases.
Kern said the proposed amendment will not be
brought before City Council for another month or two because
some points still need to be worked out. He said city officials
are considering whether to put a cap on the size of a group that
can picket without a permit.
"Sometimes you have to require a permit
for large demonstrations just to alert the police that there
might be some conflict with opposing groups, Kern said.
"There's no question that (the picketers) would get the permit.
Requiring it would just provide for the protection of the
participants and the public by giving the police some advance
notice.
Robert Clarkson, a tax protester from
Anderson, said Friday the amended ordinance was part of an
out-of-court settlement reached last month in his suit against
the city. The settlement also included the city paying Clarkson
$4,500 in damages and legal fees.
The suit was a result of Clarkson's arrest in 1982 while part of
a two-man picket on the Coffee Street Mall outside the Internal
Revenue Service office. Police charged Clarkson with failure to
obtain a permit required for a procession, but Clarkson said the
U.S. Constitution and another city ordinance granted him the
right to protest publicly.
"We weren't parading and stopping
traffic; it was just two of us outside the IRS office with
placards, Clarkson said. "The people of Greenville have
been denied access to hearing views declared publicly (because
of the ordinance).
Kern said the city routinely reviews
ordinances to see if they need to be updated and was considering
amending the picketing ordinance anyway, but he acknowledged
Clarkson's suit forced officials to look at changing it sooner.
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