Decatur mayor releases ‘clarification’ on enforcing permit requirements

04/01/2024

DECATUR, Ala. (WHNT) — Decatur Mayor Tab Bowling has released a statement clearing up some questions regarding the city’s enforcement of parade permit requirements for protests, particularly about First Amendment rights.

The statement follows a release Bowling sent out last week stating that as of December 28, anyone wishing to protest or demonstrate “must obtain a permit from the City of Decatur per existing code.”

Grand jury could be next step in Perkins shooting case, process is conducted out of public view

Bowling said in the statement released on Wednesday that the city’s parade permit requirements “in no way constrains First Amendment rights to speech or peaceable assembly.” He added that the purpose of the parade isn’t material to the decision of whether it will be allowed.

He goes on to say that permits are required for two reasons – first, to limit the disruption from parades and second, to ensure sufficient police presence is available for safety.

Protestors in Decatur have been calling for justice in the death of 39-year-old Stephen Perkins since he was shot and killed by Decatur police on September 29. For several weeks following the shooting, Bowling said protests took place outside of his home.

In his original release, Bowling called the demonstrators behavior over the last several weeks “alarming and certainly disruptive,” but says that he understood this was a necessary part in the healing process and told the police chief to allow them to remain unhindered outside the home.

Sixth Avenue Community Church heavily damaged in early morning fire

But following calls from neighbors and consulting with the city’s legal department, Bowling said he couldn’t continue to allow those disruptions in any neighborhood in Decatur.

“After again consulting with our Legal Department I have conceded to what they and law enforcement have been advising me from the beginning, that the right to protest should not and may not infringe on the rights of others and the rule of law must be restored to allow peace for all of our citizens,” Bowling said.

The mayor says parades in business districts, parks and other areas should be accommodated within reason but says because of noise impacts and ingress and egress for vehicles into homes that it will be more difficult to hold parades in residential neighborhoods.

At Tuesday’s city council meeting, supporters of Perkins faced the mayor for the first time since he announced the city would be enforcing these requirements.

‘MAGA Lumberjack’ indicted on rape charges in Limestone County

You can read Bowling’s clarification statement in full below:

“I would like to clear up some questions related to the City’s policy on parade permits, particularly with respect to First Amendment rights.

To be clear, the parade permit in no way constrains First Amendment rights to speech or peaceable assembly. The City of Decatur respects that right, as well as a need to ensure safety for both the public and those exercising their free speech rights.

The basis of the need for a parade permit is twofold. First, we want to limit the disruption from parades – as defined by the Municipal Code – on pedestrian traffic, vehicular traffic, use of public spaces whether parks, property, sidewalks or streets and the quiet enjoyment of property which all residents should be entitled to have.

Second, the City wants to ensure that sufficient police presence is available for the safety of the public and for those who are participating in the parade. Groups of people walking in the street, especially after dark, necessarily creates a risk of harm to the participants and others and advance notice ensures the Police can protect the participants and others.

It is also important to note that the purpose of the parade is not material to the decision of whether the disturbance of the public will be allowed.

As a general rule, individuals or groups of individuals walking on sidewalks anywhere in the City who are not making unreasonable noise or doing anything that would be described as disturbing the peace would not require a parade permit because they are not involved in a parade.

However, if those individuals, regardless of their purpose, get into the street, impact or potentially impact traffic flow, put their own safety or the safety of others at risk, make unreasonable noise, disturb residents or members of the public or block or restrict access to public or private buildings or homes, those concerns will be communicated to those individuals and a solution sought.

If no solution is reached, they could be told by the Police to disperse. Failing to disperse when instructed to under these circumstances or conducting the parade without a permit and failing to disperse when instructed could result in criminal charges.

Because of the impacts to neighbors – particularly with respect to noise ordinances and ingress and egress for vehicles into private homes – it will be more difficult to hold parades in residential neighborhoods. Parades in business districts, parks and other areas (other than busy streets) should be accommodated within reason.

The process of seeking a parade permit is not difficult or cumbersome. If someone wishes to apply for a parade permit the form is on the City website (cityofdecatural.com) by clicking on the Police Department tab then clicking on Permit Applications. The application can also be picked up in person at the Police Department Administrative Offices – ask for Jennifer. Typically the request would be made at least five days prior to the event. The review and approval is normally complete within 48 hours and the additional time allows for any adjustments that need to be made in order to obtain the approval. If the request is denied, the applicant will be told why it was denied.”

Mayor Tab Bowling

To read more of News 19’s coverage of the protests and the investigation into the shooting death of Perkins, click here.

For the latest news, weather, sports, and streaming video, head to WHNT.com.

OTHER NEWS

24 minutes ago