December 3, 2009 - Wednesday, December 2, the Cincinnati City Council voted to keep its proposed "Right of Way" sign ordinance legislation (sponsor, Chris Bortz), on its agenda and move it forward for a vote. See "Legislative Maneuvering" below.
This 50-plus page ordinance still on the surface addresses only vendors but is to be applied to social justice demonstrators (specifically pro-life demonstrators in front of Planned Parenthood), even though--despite much citizens' testimony requesting otherwise--free speech signage is not clearly identified and addressed.
The absence of clear, specific, written guidelines for social justice demonstrators is too vague and too dependent on subjective, personal interpretation.
This could result in haphazard suppression of free speech rights due to disagreement, stereotyping, or bigotry--inviting a Constitutional challenge it could not withstand.
[Sidenote: Why would Council want to risk unnecessary legal action which would tie up time and money, when it is under scrutiny to bring the Cincinnati city budget in line?]
Legislative Maneuvering
Proposed city legislation like this ordinance requires three readings (presentations) before final Council vote, unless seven Council members vote to suspend the readings. The sign ordinance did not receive the seven votes on the first reading.
The new City Council was inaugurated Tuesday, December 1, and normally, legislation that has not passed by this time is void, under a "sunset" rule.
However, Mayor Mallory kept this ordinance on the agenda, thus Council first had to vote Wednesday whether to retain it or sunset. The vote was to retain, 6-3.
The sign ordinance then received second reading Wednesday and again did not receive seven votes to pass (5 for, 4 against).
Council members Chris Monzel, Leslie Ghiz, Cecil Thomas, and Charles Winburn recognize the importance of clear free speech guidelines, and voted against it.
The "Right of Way" sign ordinance will receive a third reading at a later date, according to Mayor Mallory's decision.
After the third reading, only a simple majority is needed to pass or fail the ordinance.
If the ordinance receives a simple majority vote in favor (5 votes, which it now has), it will pass.
If the ordinance receives six votes or more in favor, it will also be veto-proof.
Action
1) Though up to the mayor's discretion, it is expected that the "Right of Way" sign ordinance will be on Council's agenda for Wednesday, December 9, 2pm, in Council chambers, 801 Plum Street. Meetings are open to the public, and citizens' opinion heard beforehand.
Check the online Cincinnati City Council agenda beforehand.
If you would want to attend and speak, arrive early and turn in a speaker registration card before 1:30pm. Citizens testimony begins at 1:30pm.
2) Please continue to contact Mayor Mark Mallory and Cincinnati City Council members and request that they do not vote to pass the city "Right of Way" sign ordinance until clear, written guidelines for social justice demonstrators are included, to ensure equal and just free speech for all.
Note: As of Tuesday, December 1, Greg Harris and David Crowley are no longer on Council, but Laure Quinlivan and Charles Winburn are.
Contact Cincinnati Mayor Mark Mallory
Contact City Council Members
