OCEAN VIEW, DE — A controversial ordinance regulating public assembly on town property in Ocean View drew pushback inside and outside of town hall Tuesday night, as council members opted to delay potential action on repealing the rules until October.
The original ordinance, passed in July, established a series of 'time, place, and manner' restrictions. It required organizers of events with more than 10 people to apply for a permit at least 36 hours in advance, imposed fees up to $150, limited demonstrations between 8 a.m. and 8 p.m., and allowed for additional restrictions at the discretion of the town manager.
The ACLU of Delaware, however, urged the council to repeal the ordinance in a letter sent shortly after its passage, citing First Amendment concerns.
An ordinance to repeal the original was on the agenda Tuesday night, but Mayor John Reddington announced the repeal would not move forward immediately. “I don't feel comfortable introducing this ordinance at this time until we can get a full review, complete with our legal counsel,” Reddington said.
In the meeting, Town Manager Carol Houck defended the original intent, saying, “It's important to note that our ordinance was an attempt to be in a position to be prepared and to also manage possible overlap of regularly scheduled, preplanned or organized activities on town property.”
Protesters with Indivisible Southern Delaware rallied before the meeting, calling the measure unconstitutional.
“Unconstitutional restrictions on our right to assemble and peaceably protest here in Ocean View. And so we are here without a permit to make sure that they understand that we object to their attempt to restrict our right to free speech and assembly,” said Cheryl Siskin, who runs the group.
Dozens of people attended the town council meeting Tuesday night, with several speaking out against the ordinance.
If the repeal ordinance is introduced next month, it will go through a first and second reading with public hearings before a vote later this year.