Pubdate: Tue, 13 Mar 2001
Source: Chicago Tribune (IL)
Copyright: 2001 Chicago Tribune Company
Contact:  435 N. Michigan Ave., Chicago, IL 60611-4066
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Author: Matt O'Connor

APPEALS COURT UPHOLDS CHICAGO'S REGULATION OF PARADES

A federal appeals court Monday reversed a district judge's decision that
the City of Chicago ordinance regulating parades was an unconstitutional
prior restraint of speech.

In a 2-1 decision, a panel of the 7th Circuit U.S. Court of Appeals
found the ordinance wasn't "a form of censorship" and properly allowed
the city to restrict parades based on valid concerns about time, place
and manner.

Robert MacDonald, a vocal advocate of the legalization of marijuana, had
filed federal lawsuits in 1997 and 1998 after the city twice denied him
permits to parade through the Loop and along Michigan Avenue.

Both times, the city Department of Transportation commissioner cited
concerns that the parade would interfere with traffic and block the flow
of emergency vehicles. It also said there weren't enough police officers
to protect participants.

U.S. District Judge David Coar concluded the ordinance violated the 1st
Amendment. In order to determine whether enough police officers would be
able to protect the paradegoers, the transportation commissioner had to
consider the content of the marchers' speech, in violation of
constitutional safeguards, Coar ruled.

But the appeals court, in its divided opinion, disagreed. Judges Daniel
A. Manion and John L. Coffey held that the city ordinance on parades "is
narrowly tailored to serve a significant governmental interest, while
leaving open ample channels of communication."

Judge Ilana Diamond Rovner dissented, saying in part she found it
"disingenuous" for the city to claim it doesn't consider the content of
a group's speech in determining whether to issue a permit.

MacDonald has since died, but the Windy City Hemp Development Board,
which also advocates decriminalization of the sale and possession of
marijuana, joined the litigation.

Jennifer Hoyle, a spokeswoman for the city's Law Department, said the
city was "pleased with the court's decision."

"We've always tried to balance the rights of parade holders versus the
feasibility of holding parades in the Loop at certain times and tried to
make our restrictions related to time, place and location rather than
what it is they are advocating," Hoyle said.
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