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Reports of verbally abusive revelers and political activists disrupting a few festivals last year led to the new policy, said police spokeswoman Geneva Bosques. "Last summer, the complaints we heard were definitely stronger and more compelling than in the past," she said.
It also bans bikes, skates and skateboards. "A lot of our special events are festivals with children walking around, and having a skateboard or bike could cause accidents," Fremont Deputy City Attorney Bronwen Lacey said.
"It protects free speech rights of the participants but also allows the city to control those activities, within reason," Assistant City Attorney Debra Margolis said.
The ordinance bans people, for instance, who prevent others "from viewing, hearing or meaningfully participating in the event," and cases where "people conduct free speech in a way that . makes special event participants . unable to access or enjoy the event," a city staff report states.
As the city avoids inhibiting the content of free speech, he said, it still can regulate the manner in which public speech is performed. Volokh said he believes the ordinance's wording is clear and does not invite misinterpretation by police. "In theory, it's possible," he said. "In practice, I don't think it is going to be much of a problem."
But what does "disruptive conduct" mean?
ordinance could be unconstitutional.
Whether Fremont can do that may be a debatable issue.
The city's definition includes anything causing "undue disruption to the safety and enjoyment" of organizers of special events or those attending them.
this one are they're written vaguely enough that they sometimes can be used to discriminate against people because of who they are or what they're saying," said Michael Risher, an ACLU attorney.
"The ordinance seems to be an acceptable way of doing that," said UCLA professor Eugene Volokh.
Risher said the state constitution does not allow mandatory searches of personal belongings in public places.
Although Fremont leaders say they will balance free speech rights with the people's right to hold public events, an American Civil Liberties Union representative said part of the Nike Presto Triple White On Feet
"The law is clear that people walking down the street cannot be Nike Presto Tech Pack
The ordinance prohibits amplified sound equipment, unless approved with a city permit.
FREMONT In a move that has caught the attention of First Amendment advocates, the City Council has tightened restrictions on political protests at some public events, banning "disruptive conduct" and speech that "disturbs and antagonizes" people. Violators could be charged with a misdemeanor or issued a citation with a fine, similar to a parking ticket, police said.
However, a First Amendment law professor said Fremont has the right to manage its special Nike Presto Red And White events by reasonably regulating the public's behavior.
"You must weigh the need of the search to the weight of intrusiveness," he said.
subject to required searches, even if it's a crowded street. Is a special event different from that? Probably not."
City leaders say they will protect First Amendment rights at special events by setting up free speech zones, sectioned off areas where advocates can make their points without interfering with the event.
Fremont tightens 'disruptive' speech restrictions
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