CITY HALL

Students may have to pay up to $8,400 for security at school shooting march. Is that fair?

Phillip M. Bailey
Courier Journal
Students from Manual High School walk out of their school for National Student Walkout Day in Louisville, Kentucky,       March 14,  2018.

Correction: A previous version of this story misidentified the position of Beverly Duncan in the Citizens of Louisville Organized and United Together group. She is a former co-president.

Louisville students planning a march Saturday to call attention to their fears about school shootings may have to pay as much as $8,400 — for security.

New rules Mayor Greg Fischer adopted last year require event organizers to pay for their own security and traffic detail if they block roads, but the idea of forcing teens to pay for their own police protection is ruffling free speech advocates and grassroots organizers, who contend the policy puts a price tag on their First Amendment rights.

"I don't really think that it's reasonable to expect a nonprofit group — in this case, a group of young people — to come up with this kind of money in order to exercise their rights to free speech," said Sarah Lynn Cunningham, director of the Louisville Climate Action Network, an environmental group.

The students are taking part in the national March 24 demonstration dubbed "March For Our Lives," in which students are calling for common-sense gun reform in reaction to the mass shooting at a Florida school that left 17 dead.

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Louisville student Forest Clevenger, one of the organizers of Louisville's march, said one security company recommended by city officials is charging $8,400 for the event. The students plan to hike a mile through downtown before rallying outside Fischer’s office. They expect to draw as many as 5,000 people.

"We are preoccupied with gun safety," said Forest, a junior a duPont Manual High School. "Schools ought to be places for learning, not dungeons where we feel trapped or where teachers are examining how strong the doors are." 

Fischer changed the guidelines for special events to reduce the police department’s role in providing traffic detail and security. It was motivated in part by criticism from police union leaders and some Metro Council members who were upset that officers were working traffic duty at parades, mini-marathons and festivals at the expense of their regular beats.

The new rules put the responsibility on organizers to find volunteers to fill certain roles once provided by the cops. Additionally, they are asked to find private security when possible and to use traffic routes approved by the city that will need fewer sworn police officers.

If a group blocks traffic, as the students plan to do, Louisville takes a position that if you "close it, you own it," said Kelly Jones, deputy director of Metro Emergency Services, which oversees special event permits.

"Anyone can go up and down the sidewalk, obeying traffic law for absolutely free," he said. "It's only when the group wants to close streets down, it then becomes a concern of our public safety personnel."

While policies vary from city to city, other local governments tell Courier Journal they also require groups expressing their views to pay for security if they impact traffic flow.

There are five special events scheduled on March 24, according to public records, with only one event, the Rodes City Run mini-marathon, being staffed by on-duty Louisville police officers. That event is estimated to draw about 10,000 people. 

Doug Sweeney, special events manager for emergency services, said police protection is provided for large-scale, legacy events that have high security and traffic concerns such as the Kentucky Derby and Thunder Over Louisville. Police also work events sponsored by the mayor's office, but "it is safe to say that the vast majority of events are handled privately," he said.

If a group seeking to hold a march doesn't pay for its security, it will not be issued a permit. If it holds the event without a permit, it can be shut down, Sweeney said.

Forest said that issue hasn't come up among student organizers, who want to keep the focus on joining their peers nationwide to call for tougher gun restrictions. Louisville officials provided a list of security companies and have been helpful in accommodating the student march, he said.

"It wouldn't be right for taxpayers to pay for this; it is our right but we’re shutting down Main Street," Forest said. "You could still hold a rally for nothing because that’s just in front of City Hall, but what we’re doing is interrupting the lives of everyone because this is so important."

Other student organizers say they will need to raise about $10,000 for all the march logistics, including cleanup costs, but have received assistance from a handful of grants.

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Chris Rowzee, an adult adviser to the student march, said one security company quoted about $8,400 for security costs but that organizers have contacted several firms with the hopes that the costs will be around $6,000 for traffic control and security.

She started a GoFundMe page with a goal of raising $10,000 to help Louisville students pay for the march expenses, which include security, barricades, portable toilets and other needs. It showed about $1,940 had been raised as of Monday, according to the website. 

"When you are talking about holding an event that will need to shut down traffic through major thoroughfares, the safety and security concerns of both participants and the public must be weighed and balanced," said Rowzee, a retired Air Force lieutenant colonel with the group Indivisible Kentucky.

How other cities handle marches

The rules and cost for individuals looking to hold political rallies vary in surrounding cities.

St. Louis leaders said their rules treat private companies and nonprofit groups differently than average residents looking to express their views.

"Anything that's considered a First Amendment action whether it's a march or a rally, we police that as a civic responsibility," said Ann Chance, director of the St. Louis Office of Special Events, which oversees parades and other celebrations in the city.

Chance said there are no additional security costs for those who want to hold a demonstration even if it involves shutting down traffic.

Instead, her office tries to work with those groups about best practices and are in discussions with a similar group of students who are planning a protest as part of this Saturday's national demonstration.

If groups need additional items, such as portable toilets, St. Louis police may opt to close a street, Chance said.

But other cities hold organizers to stricter guidelines while pointing out that there is still a free option to express their views that doesn't involve blocking traffic.

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Cincinnati police told Courier Journal that demonstrators seeking a permit are required 'to pay for off-duty police officers to provide security.

Officer Dan Roellig, who is with the Cincinnati police department's special events unit, said the rule is meant to ensure the city "isn't draining its on-duty resources from the streets" responding to 911 calls and other public safety needs.

Roellig said free speech demonstrations do not cost anything until people want to come onto public right of ways. He said those security costs can range from a few hundred to thousands of dollars depending on the size of the event.

"Some events are very limited on what they can afford," Roellig said. "In cases like that, the city will encourage them to use alternative options. In some cases, events can safely fit on sidewalks or stay in a park as an option."

Nashville also charges for security to obtain a parade permit and directs those groups to pay either through the police department or a private company. Additional expenses include a possible $1 million liability insurance policy, according to officials.

Nashville Mayor David Briley's spokesman, Michael Cass, said officials encourage those assembling for a free-speech rally to obtain a parade permit to keep participants and the community safe.

But Cass said Nashville police have "provided police services for impromptu marches in the name of public safety."

Silencing free speech

Louisville activists say the costs for groups are too restrictive, however, and that cities are adopting security costs and other fees to discourage demonstrations, especially in downtown.

Cunningham, the environmentalist, said few social justice groups in Louisville know about the city's new rules for special events and how the policies are being applied. She said what used to be a basic permit fee has turned into requirements for security costs and insurance policies to hold demonstrations.

"I believe that these fees are actually silencing free speech, and I've got some problems with that," she said.

Beverley Duncan, former co-president of Citizens of Louisville Organized and United Together, or CLOUT, said her group hasn't had any demonstrations where it has had to pay a security fee, but she's concerned about rules requiring demonstrators to pay.

CLOUT has held rallies in favor of affordable housing, most notably outside City Hall and the construction site of the recently completed Omni Hotel downtown. She said paying more than $8,000 for a march would be cost-prohibitive for most groups she's worked with.

"I don't think it's warranted with students who are walking a mile downtown," Duncan said. "It might be a little inconvenient, but that's sort of the whole point of a demonstration to call attention to something." 

Carla Wallace, a founding member of the anti-racist group Showing Up For Racial Justice, said Louisville's policy is outrageous, especially for smaller groups that are trying to make a statement.

"When officials and people in power make free speech and the right of assembly that expensive, they might as well ban it," she said.

ACLU of Kentucky spokeswoman Amber Duke said her organization hasn't heard any complaints about Louisville's special events rules but suggested any groups that believe the guidelines are applied unfairly or have concerns about the process should contact her group. 

"Generally, it is unconstitutional for a government entity to charge citizens for exercising their free speech rights," Duke said. "Courts have found that cities are allowed to charge for permitting and licensing, but only in an amount that covers administrative costs. It is also unconstitutional for the government to charge individuals or groups extra security fees due to anticipated reaction to their speech."

Reporter Phillip M. Bailey can be reached at 502-582-4475 or pbailey@courier-journal.com. Support strong local journalism by subscribing today: www.courier-journal.com/philb.

March for Our Lives in Louisville

What: Student demonstration for gun regulations

When: March begins at 1:30 p.m. Saturday, March 24; Metro Hall rally will go until 4:30.

Route: The demonstration will begin in Waterfront Park at N. Brook Street and E. Witherspoon Street, and the march will go a mile through Main Street to Metro Hall, 527 W. Jefferson St.