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Excessive Park & Police Charges

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Joe Partansky View Drop Down
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  Quote Joe Partansky Quote  Post ReplyReply Direct Link To This Post Topic: Excessive Park & Police Charges
    Posted: 20/September/2006 at 11:57am

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?

 

 

 

 

 

 

Joseph V.A. Partansky
Contra Costa County/East Bay
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Terry Francke View Drop Down
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  Quote Terry Francke Quote  Post ReplyReply Direct Link To This Post Posted: 14/October/2006 at 6:53am
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 View Drop Down
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  Quote Terry Francke Quote  Post ReplyReply Direct Link To This Post Posted: 14/October/2006 at 7:04am
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 View Drop Down
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  Quote AyatollahGondola Quote  Post ReplyReply Direct Link To This Post Posted: 05/August/2010 at 2:42am
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 View Drop Down
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  Quote Terry Francke Quote  Post ReplyReply Direct Link To This Post Posted: 05/August/2010 at 3:57am
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 View Drop Down
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  Quote AyatollahGondola Quote  Post ReplyReply Direct Link To This Post Posted: 05/August/2010 at 8:07am
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 View Drop Down
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  Quote Terry Francke Quote  Post ReplyReply Direct Link To This Post Posted: 05/August/2010 at 9:14am
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 View Drop Down
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  Quote AyatollahGondola Quote  Post ReplyReply Direct Link To This Post Posted: 05/August/2010 at 9:56am

Sure do know how to use force though

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