Group fights protest ordinance

WILKES-BARRE – A proposed ordinance that would place requirements on anyone wanting to stage a protest in the city was not on the agenda Thursday night, but council heard a lot of reasons why the proposal should be dropped.

About 40 people filled council chambers to air concerns about the ordinance that would require a permit to stage a demonstration or protest rally on public property in the city. Fees would be attached and fines could be imposed for violations.

Before the meeting began, a group of about 15 people gathered outside city hall in freezing temperatures to protest the proposed ordinance. Most of the protesters were members of Voice of the People, a political activist group.

Frank Scavo and Dan Smeriglio of Voice of the People addressed the group and several members of the media to show their disagreement with the ordinance that was approved on first reading at council’s meeting Feb. 14.

Citing First Amendment rights and fearing censorship, Smeriglio and Scavo urged their supporters to voice their opposition to the ordinance at council’s meeting.

Tim Grier, a frequent visitor to council meetings, told council there is no need for the ordinance.

“Just dump it,” Grier advised. “Let’s all move on peaceably without having to pay for our rights. If the Secret Service wants this ordinance, tell them no.”

The ordinance was brought to city council after assistant city attorney William Vinsko said he met several times with city police and Secret Service officials out of concern for anticipated visits by presidential candidates in the coming weeks.

“The Bill of Rights doesn’t include a price tag,” Smeriglio said. “There is no reason to ever charge a citizen for the right to gather and speak.”

“This is a very serious matter,” said Scavo, a member of the Old Forge School Board. “Dissolve this ordinance; don’t let it go any further. If the city enacts this and it is challenged, it will cost the taxpayers a lot of money to defend it.”

Kathy Kane, council chairwoman, said council isn’t taking the matter lightly. She said Vinsko has not finished making revisions to the ordinance.

“That’s why it isn’t on the agenda tonight,” Kane said. “If it does come before us again – and that’s a big if – all issues will be resolved.”

Kane said Vinsko has been talking with representatives of the American Civil Liberties Union regarding the provisions and language of the ordinance. The ACLU sent a letter of concern to the city and has been working with Vinsko to assure that the ordinance will adhere to constitutional law.