The Maryland ACLU has reached an interim agreement with Park and Planning allowing political campaigning in parks. The new agreement suspends rules requiring permits for gathering petition signatures, interviewing people or carrying signs on parkland. County Council candidate Robin Ficker and the ACLU challenged those rules after Ficker was stopped by Park Police while campaigning on July 4. We reprint the interim agreement below.
Notice 09-__
Indefinite Suspension of Enforcement of Certain Park Rules and Regulations
Date: October 20, 2009
I. Declaration of Suspended Enforcement
The Maryland-National Capital Park and Planning Commission (“Commission”) has suspended all administrative, civil or criminal enforcement actions or activities predicated on the provisions of certain Commission Park Rules and Regulations (the “Regulations”) enumerated as follows:
A) Chapter III, Section 3.A (2) (Permits):
No permit shall be required for the solicitation of petition signatures outside of any park structure or building; provided such solicitation does not obstruct, delay or interfere with the free movements of any other person, seek to coerce or physically disturb any other person, or hamper or impede the conduct of any authorized business or activity on any Commission property.
B) Chapter III, Section 3.A (4) (Permits):
No permit shall be required for conducting surveys, interviews or polls outside of any park structure or building for any non-commercial purpose; provided such conduct does not obstruct, delay or interfere with the free movements of any other person, seek to coerce or physically disturb any other person, or hamper or impede the conduct of any authorized business or activity on any Commission property.
C) Chapter V, Section 10 (Carrying Signs and Picketing):
No permit shall be required for carrying signs or picketing by 25 or less individuals outside of any park structure or building; provided the signs do not obstruct, delay or interfere with the free movements of any other person, seek to coerce or physically disturb any other person, or hamper or impede the conduct of any authorized business or activity on any Commission property.
Note: Attaching or posting of notices, signs, or any other objects on Commission Property is prohibited except by permit.
II. Authority.
This notice is issued jointly by the Executive Director pursuant to the authority of Commission Practice No. ____, by the Director of the Montgomery County Department of Parks, and by the Director of the Prince George’s County Department of Parks and Recreation, respectively, pursuant to the authority under the Regulations at Section 2 (B).
III. Effective Date.
This Notice is effective immediately and until further notice issued to modify, supersede or revoke it.
_________________________________
Oscar Rodriguez
Executive Director
Maryland-National Capital Park and Planning Commission
_________________________________
Mary _. Bradford
Director
Montgomery County Department of Parks
Maryland-National Capital Park and Planning Commission
_________________________________
Ronnie Gathers
Director
Prince George’s Department of Parks and Recreation
Maryland-National Capital Park and Planning Commission
Tuesday, October 20, 2009
ACLU Reaches Interim Agreement Allowing Free Speech in Parks
Monday, October 12, 2009
Ficker, ACLU Challenge Restrictions on Free Speech in Parks
County Council candidate and anti-tax activist Robin Ficker was threatened with arrest by Park Police for campaigning in a Montgomery County park on July 4. The Maryland ACLU has risen to his defense, and the defense of all political candidates, in an effort to protect free speech in public places.
According to the ACLU, Ficker, who was accompanied by a volunteer carrying a campaign sign, spoke to voters in the Germantown Regional Park on July 4. Ficker was told to cease his activity by Park Police, who cited an M-NCPPC rule that forbids carrying signs without a permit. M-NCPPC has another rule that requires a permit for "solicitation of contributions, signatures or moneys." The ACLU contends that the rules are unconstitutional because they broadly prohibit protected speech, lack any standards for permit issuance and grant park officials "unbridled discretion" to deny a permit. The ACLU has written to M-NCPPC asking them to stop enforcing the rules.
Like many of you, your author has repeatedly witnessed political campaigning in parks, including distribution of literature, buttons and stickers. The imposition of rules forbidding one type of speech while many other kinds have proceeded in unabated fashion for years strikes us as inexplicable and unfair. Parks are indisputably part of the public square. Robin Ficker, and any other people seeking to practice political speech, should not be denied their constitutional rights on public property.
Following is the press release from the ACLU and their letter to M-NCPPC.
Thursday, October 23, 2008
State Police Track Environmentalists as Terrorists
The Maryland ACLU reports that the State Police entered the names of Mike Tidwell, founder of the Chesapeake Climate Action Network (CCAN) and Joshua Tulkin, a former Deputy Director of CCAN, into its terrorist database. The dates of the spying are unclear, but the State Police have previously stated that their spying activities stopped in October 2006.
The ACLU has not posted their press release on their website as of this writing. When we see it, we'll update this post.
We have previously reported on the ACLU's new wave of FOIAs to the State Police on behalf of 32 advocacy groups and more than 250 individuals. What on Earth are we going to learn next?
Update: Here is the ACLU's press release with the details.
Tuesday, September 30, 2008
ACLU Issues Tidal Wave of FOIAs on Police Spying
The Maryland ACLU dramatically upped the ante on the police spying scandal today, issuing new FOIAs for documents related to 32 advocacy groups and more than 250 individuals. This scandal is about to get a lot bigger, and no one – including the current Governor – is safe.
In a conference call with the press (and bloggers) today, ACLU lawyer David Rocah described an “overwhelming response” from fearful activist groups in the aftermath of the state police spying scandal. The ACLU chose to file FOIAs on behalf of groups and individuals involved with large rallies on the theory that the police offered the need to monitor potentially “violent or disruptive” demonstrations as a reason for their prior spying. The groups represented by the ACLU span the ideological spectrum and include ACORN, Amnesty International, Casa de Maryland, Children 1st, Christian Peace Witness for Iraq, Defend Life, Equality Maryland, the Maryland NAACP, Maryland NOW, Maryland NARAL, Peace Action Montgomery, PETA and Progressive Maryland.
Two factors threaten to mushroom the scandal out of control:
1. The ACLU’s FOIAs are not merely directed to the state police. They are also directed to any local police departments holding jurisdiction over the rallies sponsored by the ACLU’s clients. So if a group that demonstrated in Baltimore suspected spying, the Baltimore City Police would receive a FOIA along with the state police. Since the ACLU’s FOIAs cover the period of 2000 to the present, a lot of local officials – including former Baltimore Mayor Martin O’Malley – might have some explaining to do.
2. On the press call, two group leaders directly challenged police units under the control of an O’Malley administration for their surveillance practices. Dr. Tyrone Powers, head of education activist group Children First of Baltimore, alleged that city detectives visited his residence prior to a rally he was planning. His wife and daughter directed the detectives to a hotel where Dr. Powers was giving a speech. At the hotel, the detectives asked Dr. Powers to cancel the rally and told him they had opened an intelligence file on him. Dr. Powers, a former FBI agent, told the city detectives they were wrong to maintain a file on him and held the rally anyway. The rally took place in 2003, during then-Mayor O’Malley’s first term.
Jack Ames, leader of anti-abortion group Defend Life, describes his group as “Fighting the Culture of Death.” Ames related a police action against a demonstration by his group in Harford County. According to his account in Defend Life’s newsletter, state police troopers demanded a permit (when none was required), arrested all 18 demonstrators (including 2 juveniles) and held some of them overnight. When one protestor asked, “Why am I being arrested?” the officer responded, “That’s not relevant.” The incident occurred in August 2008.
The ACLU is preparing legislation to crack down on police surveillance on lawful demonstrations and other expressions of First Amendment rights. Their Legislative Director said the O’Malley administration had “no reaction” to their proposal. If the new wave of FOIAs upholds Dr. Powers’ and Mr. Ames’ allegations about O’Malley’s law enforcement agencies, the Governor will have to get out in front of this issue or risk offending yet another part of his base.
