Printer-friendly version Reader Comments

Voters in Kennebunkport approved new rules, but critics say free speech could be restricted.

By ANNE GLEASON Staff Writer November 8, 2007

Kennebunkport voters had their say Tuesday, enacting controversial changes to the town's mass gathering ordinance. The final word, however, might come from the courts.

Jamilla El-Shafei, organizer of three large peace demonstrations in Kennebunkport over the past two summers, said she intends to seek the assistance of the Maine Civil Liberties Union to mount a legal challenge to the revised ordinance.

The proposed changes, which were approved 957 to 542, drew the attention of the MCLU a couple of weeks ago. The group said they might be unconstitutional because they could restrict free speech in a town that has long drawn political protesters, often because the Bush family has a summer home there.

The revisions shift the responsibility for issuing permits for events expected to draw more than 500 people from the police chief to the Board of Selectmen. They also require organizers of larger events to take out a surety bond as insurance against any damages to public or private property.

El-Shafei said the ordinance could be used to discriminate against unwanted political demonstrations.

"We're definitely not going to let it sit," she said. "There will be a challenge."

Town officials last week said the changes were proposed to allow the town greater control over large-scale gatherings. They were not directed at political demonstrators and actually were prompted by a newly recurring traveling circus held on private property, Town Manager Larry Mead said last week.

Both Mead and Police Chief Joseph Bruni said the town has never denied people the right to demonstrate and would not use the revised ordinance to limit free speech.

Mat Lanigan, who chairs the Board of Selectmen, said Wednesday that the board would not have put the amendments to voters if they had not been vetted and cleared by the town attorney.

"We made sure our attorney looked at it. She said it was fine," Lanigan said. "Obviously, there's opinions on both sides of it. It got passed by the residents, so we're going to implement it. ... If someone challenges it, we'll go from there."

The town's attorney, Amy Tchao, could not be reached for comment Wednesday.

The MCLU believes that the ordinance gives the board too much discretion over obtaining a permit for gatherings. The law exempts weddings, funerals, family reunions and other events cleared by selectmen.

A similar ordinance in Augusta was challenged in U.S. District Court in Bangor, where a judge found portions of it to be unconstitutional. The city appealed, and the case has not been decided.

The Augusta challenge was brought by two individuals organizing an economic justice march, including one who said he could not afford the fees required for the event.

The court said the lack of a hardship exemption and a provision allowing broad discretion to the city's police chief regarding fees were unconstitutional.

Zach Heiden, legal director with the MCLU, said the organization would provide assistance if someone felt they were denied free speech or assembly rights as a result of Kennebunkport's ordinance.

Heiden said overly broad ordinances also can be challenged for having a "chilling effect" on the right to assemble.

Staff Writer Anne Gleason can be contacted at 282-8229 or at:

agleason@pressherald.com