OCEAN VIEW, Del. — Ocean View officials on Tuesday unanimously approved a revised ordinance governing demonstrations on town property after the American Civil Liberties Union of Delaware called the original version unconstitutional.
The new ordinance maintains rules intended to protect public safety, but adds flexibility for what town leaders call “spontaneous demonstrations” — protests that arise with fewer than 48 hours’ notice and therefore cannot reasonably go through the permitting process. Such demonstrations will be allowed in certain areas of town property, including the sidewalk outside the council chambers.
Under the updated rules, organized demonstrations of 50 or more people on town property still require a permit, which should be applied for with at least 48 hours' notice of the event. Those permits cost $25, according to town leaders. Demonstrations are generally permitted between 8 a.m. and 8 p.m., though officials say events may occur outside those hours if the town can safely accommodate them. The rules apply only to town-owned property; state roads such as Route 26 are not affected.
The changes mark a significant shift from the previous ordinance, which required permits costing up to $150 for gatherings of 10 or more people and did not include any provision for spontaneous demonstrations. Town leaders say both the original and revised rules were designed with safety in mind — a priority some residents support.
“I think the town should know what's happening and when and make sure everything's in place for people to be safe,” neighbor Colleen Filliaux said.
The original restrictions prompted a protest in September, where members of Indivisible Southern Delaware voiced concerns about the ordinance. Justine Cuccia, who attended that demonstration, said the town’s revisions reflected public feedback.
“They heard us, and they changed the ordinance accordingly. And I think now it is constitutional. State land is state land, and town property is town property. That is a rational basis," Cuccia said.
Cuccia did say, however, that she still has some confusion about the fines and who pays them. Violators of the ordinance can face a $250 penalty.
Other members who were in attendance at the original protest, and also at today's meeting, told WBOC they still believe the rules need improvement, and that protests of any size should remain unregulated to fully align with First Amendment protections.
WBOC reached out to the ACLU of Delaware about the revised ordinance.
"ACLU-DE is pleased that Ocean View has addressed our concerns and worked to ensure there will be no infringement on First Amendment rights for protestors. The town has preserved the constitutional right to spontaneous protests in public spaces, and the revised ordinance ensures that protest leaders cannot be held unconstitutionally liable for the conduct of others. We hope the town will continue to prioritize these civil liberties in the future," a representative said.
