Permit Process Violates Free Speech for Jews for Jesus

A citation issued against a volunteer for Jews for Jesus for speaking and distributing literature in a public park was dismissed because the town’s ordinance was unconstitutionally overbroad and because the volunteer was wrongly told that no permit process existed.

Susan Mendelson and two other persons attempted to speak and distribute literature in a park in the Town of Oyster Bay, New York on July 25, 2006. She initially was told that she could do neither. A few days later, she called the town and was told there was no permit process for literature distribution. The following week she returned to the park to distribute literature and speak. She was cited for not having a permit.

The town ordinance in question provides that no person shall “hold any meeting; perform any ceremony; make a speech, address or harangue; exhibit or distribute any sign, placard, notice, declaration or appeal of any kind or description; exhibit any dramatic performance or the performance in whole or in part of any interlude, tragedy, comedy, opera, ballet, play, farce, minstrelsy, dancing, entertainment, motion picture, public fair, circus, juggling, ropewalking or any other acrobatics or show of any kind or nature . . . in any park or beach except by special permission of the Town Board. No parade, drill or maneuver of any kind shall be conducted, nor shall any procession form for parade or proceed in the park without special permission of the Town Board.”

“The clear language of the ordinance of the Town of Oyster Bay in question, reveals that it prohibits a wide range of constitutionally protected activities, including speech, without first obtaining ‘special permission of the Town Board,'” the court wrote.

The judge found the ordinance unconstitutional because it does not provide the Town Board “with any guidelines whatsoever in the exercise of its discretion to grant or deny a permit to one who wishes to exercise a number of First Amendment rights in the public parks of the Town of Oyster Bay. It does not purport to regulate merely the time, place and manner of such conduct, as the Supreme Court has time and again permitted, it bars such conduct altogether unless ‘special permission’ is obtained from the Town Board.”

In addition, the ordinance required a person to obtain a special permit to distribute literature. “Our courts have consistently recognized the right to distribute leaflets, tracts and handbills as constitutionally protected form of speech,” the judge found. Not only is the ordinance on its face unconstitutional, but also the court found that as applied to Mendelson it also violated her constitutional rights. The court found she attempted to apply for a permit but was told that no such permitting process existed. However, in response to a discovery request, the Town produced 441 pages of permit application documents, many of which were parade permits.

“The balance consisted of copies of requests from, and permits issued to, a host of sectarian and non-sectarian organizations for use of Town facilities for a wide variety of activities,” the court wrote. “Permits were issued, inter alia, to use Town Parks to hold Easter Egg Hunts, charity car washes and a ‘Community Santa Detail’ as well as a permit granted to the Midway Jewish Center to hold a religious ceremony.”

People v Mendelson, Nassau Disrict Court 2006 NA 00602, decided April 4, 2007.