The recent Goochland Day revival included a short and well-received
parade, the first since May 2001, through the center of Courthouse Village. Its
success was the result of a great deal of hard work and planning by the
organizers in conjunction with the Sheriff’s Office, fire-rescue, and other
agencies.
The dearth of parades coupled with the recent occurrence of spontaneous
demonstrations and processions brought deficiencies in the county’s existing
ordinance governing parades under scrutiny.
The supervisors, at their October 5 meeting, voted unanimously
to repeal the parade ordinance currently on the books and replace it with one with
clearer and improved standards; a shorter permit process; and that addresses “spontaneous
processions” and “expressive” activity. (Go to page 83 of the October board
packet at http://goochlandcountyva.iqm2.com/Citizens/FileOpen.aspx?Type=1&ID=1317&Inline=True)
County Attorney Tara McGee explained that the long “road” to
a more comprehensive parade ordinance began in 2018 and included detailed discussion
and input from the Sheriff, fire-rescue, the Commonwealth’s Attorney, and the
community. Hardywood Park and Kindred Spirits Breweries in West Creek, who
often sponsor 5k runs, were included in the discussions.
The dearth of deputies available to provide security for 5k
runs in West Creek limited the number of those events and led to board members
exploring other staffing options. About three years ago, McGee drafted an
ordinance that combined permitting for parades and special events under the authority
of the county administrator. After closer examination, she said, it became apparent
that only the Sheriff has sufficient knowledge and expertise about how to
safely allow an event on county roads.
The Sheriff’s Office, said McGee, is very supportive of
helping people produce their events safely and appropriately. To that end, the
parade permitting process has been streamlined. The Sheriff’s Office will not
stop any group from exercising its First Amendment process because it did not
obtain a permit.
Specific kinds of activities, including expressive and
spontaneous processions are exempt from the ordinance.
An “expressive procession” is defined as “… a parade or
procession with the primary purpose of exercising the rights of assembly and
free speech as guaranteed by the First Amendment of the United States
Constitution.”
A spontaneous procession is “…the same as an expressive
procession except it is an unplanned and unannounced coming together of people
caused by or in response to unforeseen circumstances or occasioned by events
recently in the news, or which attempts to influence an event in the near
future, such as a legislative action or election, for which the effectiveness
of expression is time-sensitive.”
Also exempted are processions by: United States armed
forces; Virginia’s military forces; law enforcement personnel; fire-rescue
department personnel; and funeral processions.
Penalties have been reduced to a class 3 misdemeanor for
failure to secure a permit, or violation of the conditions of the permit, with
a maximum $500 fine.
The requirements of a permit include provisions for adequate
sanitation facilities and potable water; removal of trash; compliance with
health department regulations for food; ensuring adequate fire protection and
medical personnel for attendees; parking, crowd control; security to protect
against property damage, and personal injury (including off duty state police and
Goochland deputies); and sufficient insurance to mitigate damage or injury
caused by the parade.
The ordinance covers all the bases to obtain a permit to
ensure that parades are safe for all concerned, but it makes no provision for
the health, safety, and welfare of those participating in or affected by the
spontaneous and expressive processions. What about sanitation, potable water, traffic
control, and trash removal if several thousand people show up for a spontaneous
procession?
We hope that anyone expressing their First Amendment Rights
will be considerate of their surroundings and mindful of the health, safety,
and welfare of all.
2 comments:
This site has gone to hell in the last year.
Did you mean site or the County? Site seems fine to me.
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