Two city commissioners voiced their doubts about the validity of a proposed rule that would limit the locations of protests in Winter Park on Wednesday night.
“I vehemently, vehemently, vehemently oppose this ordinance,” stated criminal defense lawyer Commissioner Warren Lindsey. In my opinion, it is a violation of the First Amendment. It is a problem in search of a solution.
The board ultimately postponed its planned vote when Vice Mayor Marty Sullivan raised concerns about the city’s legal authority to impose restrictions on protests on a sizable portion of public property.
Only the Winter Park Library and Events Center land next to Martin Luther Jr. King Park would be subject to the proposed ordinance’s restrictions. Commissioners were informed by City Attorney Dan Langley that one of the primary reasons for this is to avoid interfering with private activities held there.
The extent of the issues at the property located at the intersection of Harper Street and West Morse Boulevard is unknown.
I know there was an instance where someone performed in the porte-cochre at a wedding or other event, is that right? Sullivan inquired. I also failed to see it. All I know about that is that I’ve heard it was one of the factors that led to this coming to light.
Langley acknowledged the occurrence of the incident but provided no further information. During the discussion, no additional instances of disturbances on the property were brought up. Despite being a public hearing, nobody registered to speak.
The city communications director, Clarissa Howard, stated via email on Thursday that she is in the process of obtaining information regarding occurrences that have occurred at the location. In the same email, Howard responded when asked who came up with the concept for the ordinance: “The mayor and city staff have collaboratively discussed this need for it due to the current political climate and minor incidents that have happened on the property.”
By a vote of 4-1, the commissioners decided to postpone taking any decision on the matter until their meeting on July 9 in order to give Langley time to make changes and comments.
According to the proposed code, it would be illegal to hold rallies, demonstrations, or other similar gatherings inside the library and events center as well as on the sidewalks, driveways, and parking lots. It expressly forbids protesters from obstructing public roads, including sidewalks.
A $500 punishment could be imposed on violators.
The only person to vote against it was Commissioner Kris Cruzada. He is currently in private practice after serving as a prosecutor in the state’s Eighteenth Judicial Circuit.
Is it correct that this does not forbid anyone from demonstrating or from being close to the library or events center? Cruzada asked Langley, and the lawyer said yes. This is reasonable, in my opinion, and not unduly demanding.
Langley informed commissioners that the park and library/events center are located on a single piece of city-owned property. Therefore, he argued, a policy that distinguishes them is required since parks are often public spaces, whereas the library/events center is not. The library and events center make up almost one-fifth of the 100 acres that make up the total property.
The nonprofit organization that runs the library, which is not a part of the county system, leases the building from the city. Winter Park owns and runs the events center, which is available for private events like weddings and reunions in addition to hosting local events.
According to Langley, the plan permits demonstrations next to the property as long as they don’t contravene any other city laws. Furthermore, he stated that it would not be applicable during elections when the library serves as a polling place, noting that they are subject to state law and the Orange County Supervisor of Elections Office.
According to Langley, the goal of this idea is to support mass rallies and demonstrations rather than to forbid individuals from expressing themselves freely.
This is content neutral; it isn’t predicated on any particular opinion, and our goal isn’t to censor speech; rather, we’re limiting the kinds of activities that can take place in these spaces.
It’s not about trying to suppress protests, according to Mayor Sheila DeCiccio, a lawyer and former Massachusetts associate district attorney.
According to DeCiccio, it’s simply establishing a very thin line between the library, the events center, and the parking lot so that people can enter and exit safely.
Despite voting to table the proposal, Commissioner Craig Russell stated that it attempts to respect the rights of both individuals and those hosting events at the location.
Russell stated that we must take action to safeguard the locals who wish to utilize the Events Center for its intended purpose.
