Free speech is protected, and the Klan can spew their hate at their own risk anytime they want. They can come to Dayton, sit in a bar, and talk trash and see what happens.
However, demanding permission to have a rally on Courthouse Square is sort of like saying that the next Belmont/Dunbar game should be able to be held at the ‘Shoe, just because.
There is no reason for 9 jerks from out-of-town to get to commandeer courthouse square and do what they want. Especially after the last time, when it supposedly cost us $650,000 to “protect” them.
So, the first step to holding an event in the square for people who live in Montgomery County is to gather 100 signatures of registered voters in the county who support their cause. No different than running for office. If you’re from out of the county, the requirements go up to 500.
The next thing is, we have plenty of places you can hold a rally. Island Park is a very nice place, with a bandshell and a stage. After the Klan turns in their petition with 500 signatures of county residents in support, we tell them what the bill will be for protection at the location. Island Park isn’t in the middle of downtown, doesn’t require street closures, and can easily be managed with a lot less police and barricades.
At no point do those services come for free. If they want to speak without police protection, they have to post a bond and a quit-claim for any harm that comes their way. When it comes to open-carry or military dress etc- the state has laws about all militias having to fall under the control of the Governor. Since Island Park is a public park, open carry will not be tolerated by them, or their protesters.
Most states have constitutional language, criminal statutes or both barring unauthorized paramilitary activity. Every state except New York and Georgia has a constitutional provision, akin to Virginia’s, requiring [1] that “in all cases the military should be under strict subordination to, and governed by, the civil power.” In other words, private armies are proscribed in 48 states. You can’t legally organize with others into battalions to fight those with whom you disagree. As University of Virginia law professor A.E. Dick Howard, who formerly directed the Virginia Commission on Constitutional Revision, has written, this provision “ensures the right of all citizens .?.?. to live free from the fear of an alien soldiery commanded by men who are not responsible to law and the political process”…
In addition to constitutional provisions, 28 states have criminal statutes that prohibit individuals from forming rogue military units and parading or drilling publicly with firearms, while 25 states have criminal statutes that bar two or more people from engaging in “paramilitary” activity, including using firearms or other “techniques” capable of causing injury or death in a civil disorder. A dozen states have statutes that prohibit falsely assuming the functions of law enforcement or wearing without authorization military uniforms or close imitations.
Source: This legal tactic can keep neo-Nazi protests out of your city – The Washington Post [2]
It may be too later to implement the above for the new application to come to courthouse square, but, under no circumstances should 9 people cost us $650,000 again. If they do, it’s because you’ve elected mental midgets. Face it- inmates in Montgomery County Jail aren’t as well protected as these dorks in sheets, warn them, we can’t protect them again this year. And, if they want to come and run their yaps and risk getting beat to hell – we’ll arrest them, put them in jail for fighting- and let them take their chances in the pokey where they can get a second smack down.
Last year that same KKK group applied to speak (rally) in downtown Dayton. The Mayor came to all the media outlets and said oh dear God we’ve got the KKK coming, let’s start a rally of our own and we will call it the love -n- peace rally against the KKK. She asked everyone…hey let’s organize this big effort and show them (KKK) that our city doesn’t support hate. (side note) I don’t endorse the KKK, frankly they’re repugnant, they’re ignorant, I don’t think anybody supports the KKK. However, as someone who served his country in the military for 21 years and fought to protect the Constitution of the United States, they (the KKK) do have a right to free speech and assembly. Here’s the issue, IF Mayor Nan never said one word about the KKK coming to town and or publicizing the approving of their application to speak nobody would’ve given a rats ass or even known about the group, besides, nobody shows up for these rallies. These idiots would have showed up in Dayton and had no one to listen to their speech and would of left town without a sound. In fact, nobody would’ve even known they were here that’s how nonexistent this idiotic group is. Instead, Mayor Nan, just like today, jumped on it and went right to the media and fed the fire and the flames. Who were the people that showed up for the rallies last year? It was thousands of people organized by our Mayor to protest & hold downtown concerts and festivals, that’s what incurred the $650K cost. So in an ironic twist, it was our City and County law enforcement that needed to protect a few members of the KKK from getting hurt, instead of Dayton citizens from getting hurt by the KKK. Our Mayor did exactly what they (KKK) wanted. They needed publicity to keep their organization alive, the KKK needed their name in the news to recruit and gain new members and Mayor Nan accomplished that, she got their name in the news every single day. She was the… Read more »
The Esrati report and remarks from Jimmy are 110% on point. As regards Esrati’s remarks … sure seems that the Mayor and her Commission should’ve proactively enacted some sort of preventive legislation based on what they observed in 2019. did they? – Of course not! They moved along to something or another and wrongly, as it turns out, high-fived on their KKK defenses instead of putting up legit legal barricades instead of chain link barriers on the people’s property. Nan and the boys simply breathed a sigh of relief and apparently agreed, ‘well, that’ll never happen again.’ Esrati is so right that because of the typical ineptitude the city is stuck w/ the rally again. Like it or not, and I don’t like it – but, these jokers have the right to hold their gathering and speak freely. The Mayor in 2019 allowed the urban leaders to take away her autonomy and told her how they wanted things handled, including a rally financed by the city. What the heck purpose did that serve? If last year tells us anything – it’s that the over reaction cost $650K and was overkill. 2nd verse does not have to be same as the 1st – as Esrati suggests, the intrusion is legally protected, the well being of the intruders is not.
Now, as Jimmy says, the Mayor’s announcement was full production w/ the searchlight flashing. Where I think Jimmy is slightly of course is that the Mayor did indeed deliver publicity; but, her motivation was accomplished. She provided publicity for …. herself. Yep * as in ’19, she pumped up the news hoping to snag notoriety for her deft handling of the situation. Meanwhile, as you suggest Jimmy – there are two ways to handle situations : unlike Whaley, MoCo Commissioner Lieberman quietly used a certain subtlety turning the matter over to the prosecutor for review without fanfare or media release. Jimmy, you’re right * One elected official knew not to bring attention to things and one did not.
I still don’t understand – which your blog correctly points out – why they should receive automatic access to Courthouse Square? Right to assemble wherever? I’m genuinely confused if the fact they decided they’re going to come here to stir shit up means our city is backed into allowing them to go wherever?