BILL NUMBER:S1181

TITLE OF BILL:
An act
to amend the general municipal law, in relation to local governing board
approval
of policies and procedures affecting public use of public space

PURPOSE OR GENERAL IDEA OF BILL:
This bill allows for the review and
final approval of rules and regulations regarding parades or the
public use of public space by the governing board of such city, town
or village.

SUMMARY OF SPECIFIC PROVISIONS:
This bill adds section 1 24-a of the
general municipal law, by requiring final approval by the local
governing board of a city, town, or village for all policies and
procedures regarding the issuance of parade permits or other permits
for the temporary use of public space by the public, and no other
unelected body.

JUSTIFICATION:
The New York City Police Department (NYPD) recently
revised the New York City Parades Rules to require that any gathering
of 50 or more bikes or pedestrians will be required to obtain a
              

permit from NYPD or they would be subject to arrest. The revision was
instituted without any public input following public outcry against
the NYPD's original proposal requiring any gathering of 10 or more to
obtain a permit. This is troubling for two very relevant and strong
constitutional reasons.

The right of free expression, including the right to gather in public
places, is one that is deeply engrained and firmly enshrined in the
history and constitution of the country and state. The right was most
cogently defined in the 1939 Supreme Court decision Hague v. C.I.O.,
307 U.S. 496, 515-16 in which the Court stated "Wherever the title of
streets and parks may rest, they have immemorially been held in trust
for the use of the public and, time out of mind, have been used for
purposes of assembly, communicating thoughts between citizens, and
discussing public questions. Such use of streets and public places
has, from ancient times, been a part of the privileges, immunities,
rights, and liberties of citizens.

Secondly, both the U.S. and New York State constitution drew a clear
line of demarcation between those who make the laws and those who
enforce them. It is the stated duty of the elected legislative body
to make the rules and the stated duty of elected and appointed
members of the judiciary, and by extension law enforcement officials,
to interpret and enforce those laws. It seems highly inappropriate,
therefore, for the same body (in this case, the NYPD) to be endowed
with both the power to enforce the rules and the power to make them.

PRIOR LEGISLATIVE HISTORY:
2009-10:  S.8349/A.3567A - Referred to Rules
2007-08:  A.8087


FISCAL IMPLICATIONS:
None to state.

EFFECTIVE DATE:
This act shall take effect on the 180th day after becoming a law.