News

February 26, 2008

Rally set to oppose planned W-B protest law

By Bill O'Boyle boboyle@timesleader.com
Times Leader Staff Writer
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WILKES-BARRE – A proposed ordinance regulating protests in the city may not be on council’s agenda this week, but one local activist group intends to show up to protest anyway.

Voice of the People, a local political action committee, plans to stage a protest outside City Hall Thursday night.

Dan Smeriglio, president and founder of Voice of the People, called the proposed ordinance “lunacy” and urged “anyone interested in this issue to attend council’s meeting Thursday night.”

He said the ordinance, if enacted, would be an infringement on people’s constitutional rights.

The American Civil Liberties Union also objects to provisions of the ordinance, which requires groups planning to stage a demonstration or protest in the city to apply for a permit. There is a $20 permit fee and applicants must meet 10 requirements before a permit is issued.

Last week, attorney Mary Catherine Roper, of the ACLU of Pennsylvania, said the organization identified provisions of the proposal that could provide grounds for a lawsuit. The group plans to outline its concerns in a letter to the city.

Council Chairwoman Kathy Kane said council will review the revised ordinance at tonight’s work session, but said she’s not sure she will support it.

“I haven’t read anything new on it,” Kane said. “If it isn’t up to council’s specifications, it probably won’t make Thursday’s meeting. We want to see what changes were made, so until then, I will reserve opinion.”

Kane said council hasn’t received the letter from the ACLU, but she said she agrees with one point it raised last week.

“I think (the ACLU) made it clear,” Kane said. “They didn’t have a problem with the ordinance, just the number required to get a permit. I agree it shouldn’t be any group larger than one person. I think 75 is a more reasonable number.”

Kane said there might be other changes she believes should be made before she would vote in favor of the ordinance.

“I’m not saying I agree with everything else either,” Kane said. “We need to see the revised version and discuss it at the work session.”

Assistant city attorney William Vinsko will revise the ordinance. It was approved on first reading Feb. 14. Council could approve the ordinance Thursday night.

Roper said the ACLU does not oppose the permit requirement for demonstrations if the group consists of 75 or more people. The ACLU objects to the $100 fine for those caught demonstrating without a permit.

Smeriglio and his organization have staged many protests in recent years, mostly regarding the illegal immigration issue in Hazleton.

“We have always assembled peacefully,” Smeriglio said. “It’s not fair to charge people a fee to go out and demonstrate peacefully. We have a right to disagree and speak up. We, the public, are the ones who elect the politicians. For a city council to try to profit from this is absurd.”

Smeriglio, 25, said his group has held protests and demonstrations in Wilkes-Barre without problems.

“That’s what it’s all about,” he said. “Letters to elected officials only go so far; you sometimes need to get out and show a public disapproval on issues or decisions.”

Smeriglio said he wasn’t surprised to learn council recently reduced the time allotment for the public to address council. Beginning this year, a resident has five minutes to address council. The previous allotment was 10 minutes.

“I understand you can’t let people ramble on,” Smeriglio said. “But how do you pre-determine the amount of time needed to object or express a dissenting opinion?”

WHAT’S NEXT?

City Council will meet at 6 p.m. today for a work session. The meeting is set for 6 p.m. Thursday.

Bill O’Boyle, a Times Leader staff writer, can be reached at 829-7218.

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