County actions interfere with free speech

Lance Thate, chairman of the Saint Augustine Tea Party, reported to Historic City News today that members of the local grass roots political organization intend to fight for their constitutional right to freedom of expression; guaranteed by the United States Constitution.

At issue is a ten-year old county ordinance that, on the surface appears to bolster, not diminish, the rights of citizens to assemble peacefully, express themselves freely, and seek redress of grievances against the government.  As a practical matter of enforcement, Thate says that St Johns County is overreaching and violating citizens’ rights at the St Augustine Beach Pier Park, which they own.

ST JOHNS COUNTY ORDINANCE NO. 2005-114

Section 22. Park usage.

a) It is the policy of the County to afford all citizens the opportunity to utilize County parks and also to participate in free speech activities within park property to the fullest extent permitted by law.

Section 23. Commercial activities.

c) No person shall distribute, display or affix any printed materials or advertisements to or within any park property. Exceptions to this rule are … distribution of printed handbills or leaflets the purpose of which is not primarily commercial.

According to Thate, members of the Town Crier committee have gone to the county park only to be confronted by objectors to their shared use of the facilities; objections Thate says are contrary to the stated policy and the rule of law.

The Town Crier Committee is usually seen among the crowds on St George Street, dressed in 1776-period attire, carrying Gadsden flags and posters, and distributing free pocket-sized copies of the Constitution.

In recent visits, however, David Heimbold, media director of the Saint Augustine Tea Party, told local Historic City News reporters that the county is trying to establish contentious “Free Speech Zones”, similar to the limited zone that was rescinded by the National Park Service.  In 2013, Heimbold was ticketed by a park employee as he was returning to his car after a public event along the bayfront.  Castillo de San Marcos Park Ranger, Jill Jaworski, cited Heimbold for carrying his flag through a public area that was not designated a free speech zone.  The ticket was cancelled and the National Park Service expanded access to all space along the public sidewalks, and the fort greens; public areas west of the National Monument.

Thate says that he attempted to schedule an appointment with St Johns County chairman of the Board of County Commissioners, Rachael Bennett, but he was diverted to the County Attorney, Patrick McCormack, because of the nature of the conflict.  Thate said McCormack “was just doing his job”, but that he was disappointed when the attorney told him that restricting free speech at the park was perfectly legal.  Those Thate says are responsible for the creation of the free speech zone and are at fault for placing the sign that designates the area wish to remain anonymous.

“The county is trying to describe our visits to the park as events, but free speech is not an event — free speech occurs in events,” Thate told reporters. “Free speech is not subject to the whims of a county administrator or local official.”

The Saint Augustine Tea Party has discussed the issue with Commissioner Jeb Smith and Commissioner Bill McClure when they individually attended recent Tea Party meetings as guest speakers.  Thate reports that each of the two commissioners finds the idea of free speech areas unconstitutional. Jeb Smith has committed to bringing the issue before the full County Commission, Thate said.