New special permit law approved

Deirdre Newman

After a rancorous discussion about changes to the way the city

handles special event permits, the City Council approved a new law

that exempts certain entities such as schools and churches.

This law replaces and updates the city’s existing procedures for

special event permits.

Although the council was set to consider the law at its May 17

council meeting, confusion and questions about the nuances of the law

caused the council to put off considering the issue until Monday.

But Monday there was still some confusion over why certain

entities should be exempted.

After a lawsuit last summer involving a gay pride parade, city

officials realized they needed to update how special event permits

are issued to make the process clearer and more objective.

Some residents believe the council failed in making the process

more fair.

“The reason we are getting into trouble is because [the law]

appears to be giving preferential treatment, with all your

exceptions,” Beth Refakes said. “It should be the same for everyone,

that way it’s fair and equitable.”

The city’s previous process, which involved review by a committee

-- with the final decision by the city manager -- resulted in the

lawsuit in August by the American Civil Liberties Union. It charged

that the city’s onerous regulations for the Orange County Dyke March

violated free-speech rights.

Under the new law, the finance department will process the

application for a special event permit, and any appeals will be

considered by the City Council.

Mayor Gary Monahan suggested the council consider the appeals to

gain the favor of Councilman Chris Steel, who otherwise would not

have voted for the law.

The new law is “content-neutral,” meaning that permits will no

longer be issued on the type of speech that could be involved with

the event.

The confusion over who is exempt and who isn’t, provided for a

testy exchange between Monahan and Councilwoman Libby Cowan when

Monahan tried to explain it to her.

“This is a very important case, which we have been sued on and I’m

just trying to get clarification on what needs a permit and what

doesn’t,” Cowan said. “Don’t try to shut me off.”

But Councilman Allan Mansoor said he was concerned about

over-regulation.

“My concern with churches is that I don’t want to over-regulate

them,” Mansoor said. “This is an example of too much government, it’s

a joke quite honestly.”

The law also establishes four predesignated routes for event

organizers to select from for events that require full or partial

street closures.

These routes reflect areas where events have taken place in the

past. Only half a block of Harbor Boulevard, at its southernmost

point, would be available, mainly because any event on Harbor could

cause a major interruption to public transportation, cars and

pedestrian traffic.

The final was vote 3 to 2 with Cowan and Councilman Mike Scheafer

dissenting.