Provides for local governing board approval of any policies and procedures regarding the public use of public space

BILL NUMBER:S8349

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

2007-2008: A.8087

Fiscal implications

None to state.

Effective date

This act shall take effect immediately.