County eliminates 'free speech area' sign
Posted: August 4, 2015 - 11:36pm
By SHELDON GARDNER
sheldon.gardner@staugustine.com
A sign designating a free speech area in a St. Johns County park has been put on the shelf.
St. Johns County commissioners voted unanimously on Tuesday to remove any free speech zone sign from county parks after hearing public comment mainly in reaction to the sign in Pier Park in St. Augustine Beach. About 10 people spoke.
Commissioner Bill McClure made the motion, which also kept county park use ordinance 2005-114 unchanged. The ordinance gives authority to the parks director to “establish guidelines for the permitting of special events, demonstrations, gatherings, performances or other mass assemblages at county parks.” The same ordinance is posted on the free speech area sign that was used at the beach.
The only sign in use, the one at St. Augustine Beach, was posted last year after requests to the county for groups and individuals to have designated space to distribute materials during busy times at the park, said Regina D. Ross, senior assistant county attorney. There were also conflicts related to use of the park, she said previously.
The sign, which displays the words “designated free speech area,” has been posted during the Wednesday market and Music by the Sea concerts on Wednesday nights to ensure a space for those who want practice First Amendment protected activities, Ross said previously. Ross said the zone was voluntary, and no one was restricted to the zone.
But people who spoke to commissioners on Tuesday saw the sign as a threat to freedom of speech and asked for its removal.
“It suggests that free speech is limited,” said Lance Thate, St. Augustine Tea Party chairman.
Bill Rosenstock, of St. Augustine Beach, said his concern was that it would allow event hosts to step in the shoes of law enforcement and order someone into the free speech zone.
“The sign doesn’t say it’s a voluntary area,” Rosentstock said.
Those who rent venues and other spaces for weddings and other events at county parks can keep others from also using the rented space, but people are free to use other areas of the county parks for free speech activity during rented events, Ross said.
Bill Jones, president of the St. Augustine Beach Civic Association, said his organization and others that rent space in parks have a reasonable expectation to use designated areas and venues without interference. The civic association uses Pier Park for the Wednesday Market and Music by the Sea.
Jones previously wrote that, “Our patrons enjoy the right to life, liberty and the pursuit of happiness. When they attend one of our events, they should not need to worry about anyone interfering with their enjoyment.”
After some discussion and questions from commissioners, County Attorney Patrick McCormack advised commissioners against taking away the park director’s authority to designate an area for protests and other free speech activity when appropriate. He said all county parks are open to free speech, which the ordinance also says, and there are some cases where time, place and manner restrictions are appropriate.
“You wouldn’t want somebody setting up a table in the middle of a ballfield or boat ramp,” McCormack said.
McClure said the problem was about the sign’s implied restriction of free speech, and even without the sign, people would be able to request a designated spot for a table or other activity. He suggested taking the sign down.
“I think that takes care of everything,” McClure said.
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St. Johns County 'free speech area' sign draws scrutiny
Posted: July 31, 2015 - 11:59pm
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CONTRIBUTED A sign designating a free speech area, which has been used at the St. Augustine Beach Pier Park, shows the St. Johns County seal and cites a county park ordinance. Protesters say the county does not have authority to designate a free speech zone, and they want to get rid of the zones and keep the sign from being posted. A section of Ordinance 2005-114 about park usage says, "It is the policy of the county to afford all citizens the opportunity to utilize county parks and also to participate in free speech activities within park property to the fullest extent permitted by law. The Parks and Recreation Director has the authority to establish guidelines for the permitting of special events, demonstrations, gatherings, performances or other mass assemblages at county parks." The St. Johns County Commission asked for a briefing on the topic at the commission meeting at 9 a.m. Tuesday at the county auditorium at 500 San Sebastian View.
CONTRIBUTED A sign designating a free speech area, which has been used at the St. Augustine Beach Pier Park, shows the St. Johns County seal and cites a county park ordinance. Protesters say the county does not have authority to designate a free speech zone, and they want to get rid of the zones and keep the sign from being posted. A section of Ordinance 2005-114 about park usage says, "It is the policy of the county to afford all citizens the opportunity to utilize county parks and also to participate in free speech activities within park property to the fullest extent permitted by law. The Parks and Recreation Director has the authority to establish guidelines for the permitting of special events, demonstrations, gatherings, performances or other mass assemblages at county parks." The St. Johns County Commission asked for a briefing on the topic at the commission meeting at 9 a.m. Tuesday at the county auditorium at 500 San Sebastian View.
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By SHELDON GARDNER
sheldon.gardner@staugustine.com
The county’s position is that a sign proclaiming a “designated free speech area” in a St. Johns County park is there to ensure there is sufficient space for those who want to assemble and demonstrate.
But some, including members of the St. Augustine Tea Party, are questioning the constitutionality of the sign and are seeking its removal. County commissioners asked to hear a briefing on the issue Tuesday.
The sign is posted at the Pier Park in St. Augustine Beach during the Wednesday Market and seasonal Music by the Sea concerts, two events known to draw big crowds, said Regina D. Ross, senior assistant county attorney. The sign is placed near the pier park bait shop, a spot that has drawn complaints for its closeness to the park bathrooms.
Similar in size and shape to a political campaign yard sign, the free speech zone sign shows the phrase “Designated free speech area” in bold letters. The sign also displays county seals and “park ordinance number 2005-114” as well as the phone number for beach services.
The county’s policy is to give citizens the chance to use county parks for free speech activities, according to the ordinance listed on the sign. The ordinance also gives the parks director authority to “establish guidelines for the permitting of special events, demonstrations, gatherings, performances or other mass assemblages at county parks.”
Though the ordinance is on the sign, Ross insists no one has to be confined to the free speech area and there is no rule requiring anyone to be there.
Lance Thate, chairman of the St. Augustine Tea Party, said he thinks the county’s insistence that the area is voluntary is a response to criticism of the sign. The issue has been covered by local media and people have spoken out at commission meetings.
“To place a sign in a park that says ‘free speech zone’ I think is very damaging to our young people,” Thate said. “When grade-school kids see a sign that suggests that speech is only available in certain areas it conditions them for future situations when they get to college and they find free speech zones there … and it is in conflict with the First Amendment.
“We want the free speech area that’s been designated removed from the maps and the signs.”
The sign’s posting is one way the county has attempted to improve safety at the park, Ross said. Another step that has been taken is a reconfiguration of the park. The zone provides a space for those who want to demonstrate when the park is crowded.
The St. Augustine Beach Civic Association hosts the Wednesday Market and the Music By the Sea concerts, as permitted by the county. Civic Association President Bill Jones, who said the sign is also posted on other days, wrote via email that the community and the St. Augustine Beach Civic Association have complained about groups and people who want to “share their beliefs at events or in space rented by others.”
He wrote that individuals and groups have, over the years, wanted to use the events to further their causes.
“We have no problems with anyone wanting their voice to be heard provided the party in question either does so outside of our rented/permitted space or they rent the facility and promote their own cause with their own events,” Jones said via email. “Our patrons enjoy the right to life, liberty and the pursuit of happiness. When they attend one of our events, they should not need to worry about anyone interfering with their enjoyment.”
The sign was first posted after altercations last year related to demonstrations at the park. A separate group also contacted the county, requesting a specific place for distribution of materials, Ross said.
However, St. Augustine Beach Resident Bill Rosenstock is concerned the sign will give people the impression they have to go to a specific spot in order to exercise protected First Amendment activities.
“My point is it empowers anyone to order someone to the free speech zone,” he said.
In fact, Rosenstock and Jones were involved in a confrontation in June 2014 over Rosenstock’s efforts to display a handmade sign during a Music by the Sea Concert. Each has conflicting accounts of the event.
St. Augustine Beach Police Department Cmdr. Jim Parker also said there is no rule requiring use of the zone and the department does not make people use the area.
He said the only issue police would have with a demonstration is if it disrupts a permitted venue.
“We don’t make somebody stand in a box,” Parker said.
Several people recently approached county commissioners asking for something to be done, including Rosenstock. Commissioners will have a briefing on the item at Tuesday’s regular commission meeting. Ross said she plans to use the opportunity to clear up misinformation about the sign.
Rosenstock said he wanted the meeting because he wants the sign taken down.
“Because it’s a bogus sign because nothing in 2005-114 authorizes free speech zones,” he said.
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Comments (6)
irishpenguin13 08/01/15 - 09:22 am 90Free speach area? I think
Free speach area? I think thats called "America"......
Firstcoaster 08/01/15 - 11:42 am 51Which
"good idea fairy" came up with this idea?
Jason Hamilton 08/01/15 - 02:16 pm 60Ridiculous
"The sign was first posted after altercations last year related to demonstrations at the park."
All the 5K, 1/2K, mini marathons, and relay races cause more disruptions than the one or two incidents by demonstrators. The Conch House has facilitated more civil unrest than demonstrations and protests. To me this sign is pushing the 1st amendment in a bullying or threatening manner. The zones for free speech are the Atlantic, Pacific, Canadian border and the Mexican border.
sponger2 08/01/15 - 03:11 pm 60The Completion Backwards Principle ar work again...
Is it not amusing that there is a sign designating an area in which you are permitted the privilege of exercising that which is supposed to be a right?
Although the sign is superfluous, we really don't have as much "free speech" as we did perhaps as recently as 30 years ago. With the politically correct crowd where everybody is supposed to be just peachy, the wrong word, term, or opinion can brand you a hate monger, intolerant (my personal favorite), racist, or other label that is supposed to shame one into apologies for having an opinion that differs from the now status quo.
tjohns76 08/01/15 - 05:06 pm 22Free speech and name calling
No one's violating your right to free speech by disagreeing with you, calling you out, or calling you (or your ideas) names.
PearlOfWisdom 08/02/15 - 12:17 pm 51Really Dumb
Omg! That's a really stupid idea....how did that ever pass any committee for approval of tax dollars to be spent that way? Clearly, whoever approved this does not understand the Free Speech Laws, and that is scary.
Rights to assemble and rights to free speech can occur anywhere in this great Country. Idiots in government do NOT
get to impose their will on constituents....time to remove the sign and the idiots that approved it!
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