by Sondra WIlson. Updated 11/27/2022.
Notice: I have not updated the below article in quite a long time because it is not a priority. It is an issue for me currently, however, because I am cannot perform political outreach safely in Ames at this time.
Overview:
Hague v. Congress of Industrial Organizations (1939) found that “requiring citizens to obtain a permit in order to be able to perform First Amendment activity violates the due process clause of the Fourteenth Amendment.” The City of Ames, however, requires petitioners who use a table to file for a temporary obstruction permit.
Why This is a Problem:
First off, the ordinance (Sec. 22.4(1) of the City of Ames Municipal Code) appears to be:
- intentionally misapplied by the city – The permit reads, “All necessary precautions should be taken to protect the public during the time this obstruction is in place. This includes, but is not limited to, placing highly visible construction barricades or fencing around the obstructed area, as well as lighted barricades during the
nighttime hours. The area will be cleaned up and any sod or plantings that are destroyed need to be replaced.” - in order to create leverage against controversial petitioning – the permit reads, “The City retains the right to revoke this TEMPORARY OBSTRUCTION PERMIT at any time should substantiated complaints be registered with the City.”
I am concerned because false complaints could theoretically be lodged against me in order to get my permit revoked, and the City of Ames does not appear to have a process in place to safeguard against this very real possible form of political sabotage. As someone who has been politically attacked before, it is a real concern I have.
Timeline:
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Wednesday, Aug. 29 3:42 p.m. – Ms. Wilson sent the following letter to City Council Member Amber Corrieri, inquiring what her motion to not refer Ms. Wilson’s letter to staff meant, and to determine why M(r)s. Corrieri made the motion:
Screenshot of email – click to enlarge:
Thursday, Aug. 30 9:59 a.m. – City Council Member Amber Corrieri sent the following response to Ms. Wilson:
Screenshot of email – click to enlarge:
City Council Member Amber Corrieri‘s did not, however, address the issues raised by Ms. Wilson in her Aug. 22 letter.
Friday, Aug. 31 – City Attorney Mark Lambert sent the following letter to Ms. Wilson, Mayor John Haila, City Manager Steve Schainker, and City Clerk Diane Voss in response to her previous inquiries and requests:
Letter from City Attorney Mark O. Lambert to Alexandra Wilson
The letter, in summary, explains that the city “is not requiring a permit for performance of First Amendment activity,” but that the Temporary Obstruction Permit is required only for setting up the table. Mr. Lambert’s letter did not address the fact that Ms. Wilson had asserted several times, verbally and in writing, that the table is being used specifically to help convey campaign materials, and that it is needed for that purpose.
Sunday, Sept. 2 – After Ms. Wilson called District Representative Rob Bacon to request his help in this matter, he recommended she first contact Council Member Tim Gartin because he was a “Constitutional lawyer.” Therefore, on Sept. 2, Ms. Wilson wrote the following letter to Mr. Gartin per Representative Bacon’s direction:
Ms. Wilson’s letter – click to enlarge:
Monday, Sept. 3 – Council Member Tom Gartin responded to Ms. Wilson with the following letter, which reiterates that the permit is “not for the First Amendment speech,” but rather it is required for the table. Here is his full letter:
Mr. Gartin’s letter – click to enlarge:
See strict scrutiny.
References:
[1]: Application for a Temporary Obstruction Permit: https://www.cityofames.org/home/showdocument?id=30467 [2]: Sec. 22.4 TEMPORARY OBSTRuCTIONS, City of Ames Municipal Code: https://www.cityofames.org/home/showdocument?id=264
I was honored and elated a month ago after being contacted by some ISU students requesting to do a documentary on the national plan I wrote for our organization (Wild Willpower). Although I have loads of work piled on my desk currently, that is the project I’m most excited about.
But there’s a problem. While visiting here last year (I grew up and graduated in Nevada, IA), I approached the Ames City Manager’s office to let them know I intended to set up a table outside the library to collect petition signatures and disseminate campaign materials. Although this type of activity is clearly protected under the “right of the people to peaceably to assemble and petition the government…” section of the First Amendment, to my surprise I was informed that pursuant to
