Park Fine Proposal Raises First Amendment Concerns

A proposal submitted in the City Council for $99 fines for permitless events in parks appears that it might apply to public protests.

The proposal, on the agenda of the April 13, 2022 Council meeting, would amend the city ordinances concerning permits for the use of city parks. The Council referred the proposal to its Consolidated Committee for a public hearing and further consideration.

Current ordinances officially require permits from city Parks and Recreation Commission, appointed by Republican Mayor Erin Stewart for, “Uses of any park by groups in excess of twenty-five (25) persons.” But it has been common practice for people desiring to protest for or against national, state or city policies to hold those protests in city parks without a permit.

Central Park in downtown New Britain is a common location for such protests, being in the center of the city and especially since it is directly in front of City Hall. The protests are often organized in a short timeframe and often informally, to provide timely response to current events or public policy actions under consideration.

For example protests against racism in the 2020 Summer of Protest, starting with the massive protest march after the murder of George Floyd by police in Minneapolis, were held in city parks.

But Republican operatives have reportedly chafed at political demonstrations in Central Park, citing the city ordinance on permits.

Now the new proposal seeks to add teeth to the existing ordinance, proposing to insert into the ordinance (local law) a provision that,

Persons/organizations holding a special event per the definitions herein without a
permit shall be subject to a $99.00 fine. In addition, all City costs related to the
shutdown of said event will be the responsibility of the event organizer.

The proposal would also require, “Applicants to submit requests a minimum of sixty (60) days in advance of event,” another provision that might inhibit public policy protests in city parks by slowing down how fast they can be organized.

Local activist Kristianna Smith cautioned online that the proposal, “seems to be a skirting the line with infringement on the first amendment rights.”

The New Britain Racial Justice Coalition organized public opposition against the proposal ahead of the Council meeting. The Coalition has organized numerous protests in city parks, including McCabe Park, calling for the removal of the city’s official Christopher Columbus statue from that park.

The Coalition has also held protests in Central Park, across from City Hall.

Newly introduced ordinance proposals are normally sent to a Council committee for a public hearing and any further action that committee and Council decide to take on it.