WHEREAS, Amendment I to the U.S. Constitution states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances"; and

WHEREAS, the following ordinances, Ord. No. O-81-40, § 1, 6-8-81; Ord. No. O-83-40, § 1, 7-11-83; Ord. No. 90-9-24/O-1, § 1, as presented in The Town of Chapel Hill Code of Ordinances, clearly and incontrovertibly abridge "the right of the people peaceably to assemble"; and

WHEREAS, time, place, or manner restrictions to Amendment I are subject to intermediate scrutiny as defined in U.S. v. O’Brien; and

WHEREAS, U.S. v. O’Brien established a four-element intermediate scrutiny, which requires that;
1. Restrictions must be within the constitutional power of government,
2. Restrictions must further important or substantial governmental interest,
3. Governmental interest must be unrelated to the suppression of free expression,
4. Restrictions must be narrowly tailored- no greater than necessary; and

WHEREAS, when determining whether restrictions have been narrowly tailored, Adderley v. Florida established that, in public-forums (such as those referenced in the above-listed Town of Chapel Hill ordinances) the people have a right to assemble and to express themselves; and

WHEREAS, it is immediately apparent that the above-listed Town of Chapel Hill ordinances fail to meet the fourth element of the intermediate scrutiny test for time, place, or manner restrictions to Amendment I of the U.S. Constitution.

NOW, THEREFORE, We, The Citizenry of Chapel Hill do find these ordinances to be unconstitutional and call for their immediate repeal.

To read the ordinances referenced in this petition, click HERE

To read the conditions and criteria for approval of permit (as referenced in Article IX, Sec 11-94.), click HERE