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Indybay Feature

Sacramento City Council to Reconsider "Parade" Ordinance

by Keith G. Wagner (keithw at cwnet dot com)
The Sacramento City Council will consider re-adopting its unconstitutional "parade" ordinance at 7:00 p.m. on Tuesday, September 14, 2004. The parade ordinance criminalizes the innocent possession of everyday household items at public gatherings.
The Sacramento City Council is considering re-approving
its so-called "parade" ordinance at its evening session
this Tuesday, 9-14-04, at 7:00 pm, at 730 I Street in
Sacramento.

Please attend to ask them to REPEAL the ordinance in
its entirety.

The parade ordinance criminalizes the innocent possession
of non-descript everyday household items at public gatherings.
Just a few of its bizarre prohibitions include:

- criminalizing the possession of any solid object that measures
more than 3/4" in any dimension.

- criminalizing the wearing of a functional gas mask. (Query:
why would the City want to ban the mere wearing of a gas
mask, where the only identifiable intent of the wearer is to
protect themselves from unwarranted and unlawful government-
sponsored gassing of the public?)

- criminalizing the possession of water balloons.

The result of the ordinance is not to protect the public or
property, but to act as a vague and random law that chills
the public's willingness to engage in constitutionally protected
rights of freedom of speech, assembly, and freedom from
unreasonable searches and seizures, and that allows law
enforcement to randomly harass persons without any probable
cause or reasonable suspicion of actual or imminent criminal
intent or activity.

PLEASE ATTEND THE CITY COUNCIL'S MEETING AT 7pm THIS
TUESDAY (9-14-04) TO SPEAK OUT AND OPPOSE THIS
UNCONSTITUTIONAL INFRINGEMENT OF CIVIL LIBERTIES.

The ordinance also directly conflicts with a City resolution
affirming civil liberties, sponsored by the Sacramento
Coalition to Stop the Patriot Act
, which the Council passed
with only one dissenting vote (Waters) last November.

A copy of the City's proposed ordinance can be found at:
http://www.cityofsacramento.org/council/pdf/parade_ord/NewParadeOrdinance_09-14-04.pdf

The staff's misleading report on the ordinance is at:
http://www.cityofsacramento.org/council/pdf/parade_ord/ParadeCouncilReport_09-14-04.pdf

(for example, the staff report states that the ordinance allows
the possession of golf balls and batteries. It does no such thing.
The ordinance generally criminalizes the possession of any solid
object of greater than 3/4" in dimension that can be thrown or
projected. No exceptions.)

The City's agenda for Tuesday Evening is here (the parade
ordinance is Agenda Item 12.1):
http://www.cityofsacramento.org/clerk/ea091404.htm

Please attend to ask the City to repeal the parade ordinance,
and please pass this message along to relevant e-mail
lists or friends who might attend and speak out against the
City's proposed re-adoption of the "parade" ordinance.
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