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Excessive Park & Police Charges |
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Joe Partansky
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Joined: 20/September/2006 Location: United States Posts: 1 |
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Topic: Excessive Park & Police ChargesPosted: 20/September/2006 at 11:57am |
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When there are excessive charges by public authorities/local government to march toa park or to a church won't this be the equivalent to "a poll tax" for exercisingFREEDOM OF SPEECH? What are the right questions for a CPRA request to identify actual attendance or real location of specific police officer charged for "assisting" a demonstration and march? Two May lst special events were "approved" and estimated &nb sp; charges were $2,628 and $3,971, but became $7,776.52 and $8,015.08, respectively .(As long as unpaid since June billings each are charged an additional 3% per month or 36% interest per year. I currently have the names of the police officers, their hours, rate of pay ; events lasted approximately 4 hours and lst had 37 police officer and 1,000 participants and 147 hours and 2nd 37 police officer and 4,000 particiants and 126 hours. Are there any acceptable accounting practices or other jurisdiction general/special orders thatmight provide insight re "reasonable"/"best practices"? Joe Partansky, accessJoeP@yahoo.com (925) 524-0272 Concord/Clayton, CA Any help, comments or suggestions would be greatly appreciated. (I was co-founder and operator/manager of San Francisco State College's"Free Speech Platform" in early l960's and the total construction and sound equipment was @ $2,000 and no charges for use! Are there other barriers to use of public space and the streets to excerise "free speech" and petition your government, besides requiring a $1,000,000 liability policy which City must be added, application fees and public work staff hours, etc?
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Joseph V.A. Partansky
Contra Costa County/East Bay |
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Terry Francke
Moderator Group
General Counsel, CalAware Joined: 08/July/2006 Posts: 268 |
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Posted: 14/October/2006 at 6:53am |
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I don't think there's any required formula for asking for this kind of
information, but something like "any and all records reflecting extraordinary actual costs to the city attributed to (event)..." should do it. |
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Terry Francke
Moderator Group
General Counsel, CalAware Joined: 08/July/2006 Posts: 268 |
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Posted: 14/October/2006 at 7:04am |
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Also, see our "Top 10" list on the First Amendment at http://
www.calaware.org/downloads/Top10_FirstAmendment.pdf, which says in part: A speech permit or license must be available on objective, content- neutral grounds. To keep good order and administer public resources effectively, the State may require a permit or license to conduct certain speech activities in traditional public forums, for example parades, rallies or other demonstrations. The permit regulations, like others affecting public forum speech, must meet the time/place manner standards under 4 above. But also, the official(s) issuing the permit must not be left with uncontrolled discretion to grant or deny it. To avoid becoming a matter of whim, permit regulations are required, and they must provide “narrowly drawn, reasonable and definite standards for the officials to follow.” Niemotko v. Maryland, 340 U.S. 268 (1951). The standards must be blind to the purpose or theme of the event, focusing instead, for example, on the number of people, the time and/or the size of the area involved. Likewise, the fee schedule, if any, must be based on the issuing agency’s anticipated administrative and/or public resource costs. It may not be sensitive to the event’s purpose or theme; it cannot be allowed to increase, for example, based on an official’s estimate of how controversial the event may be in terms of need for added police security to protect the marchers from a hostile mob (as opposed to added police patrols to deal with increased traffic congestion). Forsyth County v. Nationalist Movement, 505 U.S. 123 (1992). Also subject to constitutional attack are liability insurance requirements that are burdensome despite any history of need with respect to the applicant, that give city officials wide discretion to set the amount of coverage, and/or that let the private insurance market set the premium, in effect, based on its own estimate of how controversial the applicant’s message or theme may be. Long Beach Lesbian and Gay Pride Inc. v. City of Long Beach, 14 Cal. App. 4th 312 (1993). Finally, a total ban on wooden or other rigid handles or supports attached to signs carried in a parade or assembly has been held unconstitutional as lacking narrow tailoring to promote a significanpublic interest, and as leaving open no reasonable alternatives (Edwards v. City of Coeur d’ Alene, 262 F. 3d 856 (2001)), but an ordinance limiting the thickness of wooden sign handles to two inches by a quarter inch (with no length limit) was upheld as a reasonable measure of violence prevention (Vlasak v. Superior Court, 329 F.3d 683 (2003), and a limit on the size of sidewalk picketers’ signs to three by three feet was upheld as reasonable measure of traffic safety. Foti v. City of Menlo Park, 146 F.3d 629 (1998). |
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AyatollahGondola
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Joined: 14/July/2010 Posts: 16 |
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Posted: 05/August/2010 at 2:42am |
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So what happens when the public entity invites the community for an event, and then prohibits entry by person(s) selectively, or based upon the content of their speech
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Terry Francke
Moderator Group
General Counsel, CalAware Joined: 08/July/2006 Posts: 268 |
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Posted: 05/August/2010 at 3:57am |
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This question is asked in the abstract and can't be usefully answered. If such an event has occurred, please describe it with full relevant details.
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AyatollahGondola
New User
Joined: 14/July/2010 Posts: 16 |
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Posted: 05/August/2010 at 8:07am |
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Sorry, I thought there were some generalizations applicable
It was National Night Out. The invitation came through emails, RSS feeds, and internet media:
Neighborhood
Night Out Date: August 3, 2010
Time: 6:00 – 8:00p Location: Rainbow Park On August 3, 2010 Southgate
Recreation & Park District will host its annual Neighborhood Night Out event at Rainbow Park. The District’s event will represent just one of the over 10,000 communities across America participating in National Neighborhood Night Out. Held annually on the first Tuesday in August, the national event encourages neighbors to venture out into their neighborhoods. Residents will be given the opportunity to interact and celebrate with neighbors in an effort to heighten awareness of crime and drug prevention, building stronger partnerships between the community and public safety officials. Join us for an evening of live music, entertainment, food and beverages. Neighborhood Night Out is a free event, so bring the whole family and enjoy the festivities. For more information, please call (916) 422-7610, ext 14.
______________________________
I went with a crime related theme, and was passing out fliers outside the park, but the event hadn't really started yet, so I didn't enter the park yet. The park district made a pre-emptive strike a couple minutes later, videotaped here:
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Terry Francke
Moderator Group
General Counsel, CalAware Joined: 08/July/2006 Posts: 268 |
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Posted: 05/August/2010 at 9:14am |
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Nobody needs an "invitation" from a government agency or official to peaceably distribute information on public issues in a public park. The practical problem is that the people who threaten arrest in these situations have no idea of the law and no training to deal with such issues.
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AyatollahGondola
New User
Joined: 14/July/2010 Posts: 16 |
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Posted: 05/August/2010 at 9:56am |
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Sure do know how to use force though |
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