BILL NUMBER: S5025

SPONSOR: PARKER
 
TITLE OF BILL:  An act to amend the general municipal law, in relation
to local governing board approval of policies and procedures affecting
public use of public space

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill allows for the review and final approval of rules and regu-
lations regarding parades or the public use of public space by the
governing board of such city, town or village.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill adds section 124-a of the general municipal law, by requiring
final approval by the local governing board of a city, town, or village
for all policies and procedures regarding the issuance of parade permits
or other permits for the temporary use of public space by the public,
and no other unelected body.

              

 
JUSTIFICATION:

The New York City Police Department (NYPD) recently revised the New York
City Parades Rules to require that any gathering of 50 or more bikes or
pedestrians will be required to obtain a permit from NYPD or they would
be subject to arrest. The revision was instituted without any public
input following public outcry against the NYPD's original proposal
requiring any gathering of 10 or more to obtain a permit. This is trou-
bling for two very relevant and strong constitutional reasons.

The right of free expression, including the right to gather in public
places, is one that is deeply engrained and firmly enshrined in the
history and constitution of the country and state. The right was most
cogently defined in the 1939 Supreme Court decision Hague v. C.1.0., 307
U.S. 496, 515-16 in which the Court stated "Wherever the title of
streets and parks may rest, they have immemorially been held in trust
for the use of the public and, time out of mind, have been used for
purposes of assembly, communicating thoughts between citizens, and
discussing public questions. Such use of streets and public places has,
from ancient times, been a part of the privileges, immunities, rights,
and liberties of citizens.

Secondly, both the U.S. and New York State constitution drew a clear
line of demarcation between those who make the laws and those who
enforce them. It is the stated duty of the elected legislative body to
make the rules and the stated duty of elected and appointed members of
the judiciary, and by extension law enforcement officials, to interpret
and enforce those laws. It seems highly inappropriate, therefore, for
the same body (in this case, the NYPD) to be endowed with both the power
to enforce the rules and the power to make them.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S.2200 - REFERRED TO LOCAL GOVERNMENT:
2015-16:S.2521/A.6432 -Referred to Local Government
2013-14:S.3194/A.4819 -Referred to Local Government
2011-12:S.1181/A.4379 -Referred to Local Government
2009-10:S.8349/A.3567A- Referred to Rules
2007-08:A.8087

 
FISCAL IMPLICATIONS:

None to state.

 
EFFECTIVE DATE:
This act shall take effect on one hundred eightieth day after it shall
have become a law.