West Caldwell’s Proposed Protest Ordinance Sparks Civil Liberties Debate
Residents and human rights groups are voicing concerns about a West Caldwell, New Jersey, ordinance. After a public hearing, the council will vote on a township law to restrict public demonstrations.
The new idea requires protest organizers to apply for a permit 30 days in advance. Event organizers must also commit in writing to reimburse the township for “reasonable and foreseeable expenses” like security, setup, and cleanup. Comprehensive liability insurance up to $2 million is also required.
The township’s mayor, administrator, and appointed authorities would approve or deny permits. A “demonstration” is any gathering of 25 or more people for protesting, picketing, speechmaking, marching, or vigils on public property, according to the code. Township-cosponsored events, funeral processions, school-sponsored activities, and government events are exempt.
This bill has drawn substantial civil liberties opposition. The ACLU-NJ called the ordinance “glaringly unconstitutional.” The ACLU-NJ wrote to the township council that the ordinance’s insurance requirements and reimbursement terms could inhibit First Amendment rights holders owing to expense. The organization also believes the 30-day prior notification requirement is too rigorous and could delay demonstrations.
Locals are likewise concerned about the ordinance’s effects. Rockaway Township resident David Broderick, who has protested in West Caldwell, thinks the ordinance suppresses political expression. Despite their nonviolent nature, he believes the municipality is targeting political protests and expects strong pushback at the council meeting.
The township council has not addressed the reaction or ordinance. As the vote approaches, the community is divided, with some supporting regulation and others seeing it as an intrusion on democratic rights.
Sources
ACLU of New Jersey’s letter to West Caldwell Township Council
Public statements from David Broderick, Rockaway Township resident
West Caldwell Township Council meeting agenda
