Free speech advocates challenged Saturday

Does the government have the right to quantify your constitutionally protected right to free expression? Some members of the St Augustine Tea Party are telling Historic City News that they believe controlling where you can speak will soon turn into controlling what you can say — and when.

Tea Party members of the Town Crier Committee, walking on the sidewalk along South Castillo Drive and carrying signs that proclaimed “Abolish the IRS”, were challenged Saturday by a US Park Service ranger, Jill Jaworski, who informed them, “This is not a First Amendment area”.

“The Criers, ever mindful of their responsibilities to their fellow citizens, do not block or obstruct the use of these public right of ways,” said Lance Thate, Chairman of the St Augustine Tea Party. “We engage in our civil liberties in a completely lawful manner.”

The old saying, “There is a time and a place for everything” seems to be the order of the day as local and federal government officials contemplate when are where to allow artists to express themselves and buskers to perform their music and other interpretive activities protected by the First Amendment.

The underlying question to be answered is, “Do the rights guaranteed under the United States Constitution only apply to citizens at some locations and not others?”

Thate said that volunteer members of the Town Crier Committee, dressed in Colonial garb, waving signs and Gadsden flags emblazoned with the familiar “Don’t tread on me” slogan, have been free to engage the public, on public streets, continually for over two years, usually without harassment — but that is not always the case.

According to records maintained by the St Augustine Tea Party, Park Service employees at the Castillo de San Marcos National Monument have interfered in the following cases:

• The first was on July 4, 2011. A small group of Town Criers wandered onto Federal park property at the Castillo de San Marcos. They were informed that they must leave or go to a free speech zone. The group chose to leave.

• The second time was on November 5, 2011. Again, Town Criers carrying flags and signs were instructed by Park authorities that in order to stay, they must go to a free speech area. This zone is at the south end of the property. People engaging in free speech must stay in that area and cannot engage in free speech while standing on the sidewalks. The Criers stood on the grass and engaged the public as they passed by on the sidewalks. Transgressions were enforced.

• The third time was on April 14, 2012. The St. Augustine Tea Party held a rally on the fort grounds. The area was posted with signs stating, “Free Speech Area”. Participants were forbidden to step on the sidewalks. Teddy Gonzales, recovering from a broken leg injury, was ordered to leave the sidewalk, in spite of his difficulty with mobility while riding on a device which could not maneuver on the grass.

• The fourth time was on February 9, 2013. Three individuals went to the Castillo de San Marcos for a photo op. The Park Ranger, though polite, also insisted that we depart. He departed after being reminded of his oath to preserve, protect and defend the Constitution of the United States. The Town Criers departed at a time of their own choosing.

As for Saturday’s encounter, Thate told Historic City News local reporters that cars passing Town Criers on South Castillo Drive were honking in support of signs they carried that were critical of the Internal Revenue Service.

“They loved the sign that says Abolish the IRS, and they showed their approval with thumbs up, shouts of approval and more horn honking,” Thate said. “We waved back in appreciation.”

Thate told reporters that, at this point, we saw a Park Ranger hurrying down from the Castillo de Marcos to confront us. After being told by Ranger Jaworski that they were not in a First Amendment area, Thate says the following exchange occurred.

Town Crier: “This is a public street.”
Park Ranger: “We own to the center of the right way.”
Town Crier: “That may be true. However, in order for the road, the curb, the underground utilities, the storm sewers and the sidewalk to be constructed, the Federal government granted an easement across their property. That easement granted the public right of way. With that easement the Federal government gave away control. You have no authority here.”
Park Ranger: “You can walk here, but you have no First Amendment Rights on this side of the street.”
Town Crier: “We will not leave.”
Park Ranger: “I will let it go this time, but next time I will take action.”

The First Amendment reads, in part, “Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for redress of grievances…”

Thate surmises that by attempting to enforce Park regulations, over rights expressed in the Constitution, the Park Ranger violated her oath of office to protect and defend the Constitution of the United States of America.