- October 17, 2024
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Ahead of elections, Flagler County Commission is considering a resolution that would prohibit tents, loudspeakers and other "disruptive behavior" on county property.
The Flagler County Commission got its first look at the resolution at its July 15 meeting and some of the commissioners had concerns about the resolution’s subjective language when it applied to people’s behaviors. Though the resolution would apply all year round, it would directly apply to people campaigning outside of polling stations during elections.
Some of the people who show up at polls or protests can be very aggressive, county attorney Al Hadeed said. The purpose of a resolution like this would be to find a balance of people’s rights, he said.
“We have a duty to protect the public. We have a duty to protect those First Amendment rights,” Hadeed said. “So you've got to balance them.”
The item came up because over the last several years, county administrator Heidi Petito said, multiple items on the Flagler School Board’s agenda has prompted members of the public to gather outside the Government Services Building in protest. These protests have included setting up tents and tables and using bullhorns, and occasionally the tense atmosphere has sparked fights, Petito said.
“This was brought forward due to past experience that we have had at multiple county facilities,” she said. “What we were looking to do is come up with some way of limiting or identifying areas where we want people to express their First Amendment right, but we wanted to make sure that it was a good fit with the facilities … they would be using.”
The original language in the resolution that was presented to the Flagler County Commission on July 15 outlined the prohibited disruptive behavior in two ways.
The first listed items that people on county-owned property will no longer be allowed to set up, if the resolution is approved. Those items include “the erection of chairs, tables, tents, umbrellas, boxes, or coolers.” People will also not be able to use sound amplifiers nor places their own signs in the ground.
These restrictions would apply to the upcoming elections and poll sites.
Early voting begins on Aug. 10. By state law, people campaigning for candidates cannot be closer than 150 feet at locations that are being used as poll sites. Hadeed said that 150-foot restriction creates a competition.
“The 150-foot rule creates competition for all the real estate that's outside of 150 feet,” Hadeed said. “So people are trying to claim it. They're being aggressive about how they use the property.”
The other part of the resolution addressed the behavior of people specifically. In section 2B of the resolution, it states that “under no circumstances may an individual harass, impede, or interfere with the ingress, egress, and quiet use and enjoyment of visitors to County Properties. In addition, individuals may not engage in any activity that disrupts the normal functioning of County Properties.”
The language in the behavior portion caused concern for multiple commissioners, most of whom felt it was too vague or subjective. Commissioner Donald O’Brien said he wanted to know how this resolution would impact other, peaceful organizations that are at places like the library.
“Where do you draw the line? And just, to me, it just seems a little loose [the language], and I have concerns about it,” O’Brien said.
Commissioners David Sullivan, Greg Hansen and Andy Dance agreed that some of the language in the section referring to people’s specific behaviors needed reworking.
Sullivan said he was concerned the resolution could be overstepping regulations set by the state or ordinances or laws that already exist to prevent these behaviors. He also said he felt it was too close to the start of the election to implement a change like this.
“I just think we're not ready for this right now,” Sullivan said. “The election is already started. I don't like the idea of changing the rules when people already have their ballots and people already voting.”
Ultimately, the commissioners tabled voting on the resolution until Aug. 5. They asked for staff to remove section 2B of the ordinance and review the language to remove the subjectivity. As far as those items are concerned, Commission Chair Andy Dance said prohibiting those is not a First Amendment violation.
“At least on the things that are stuck in the ground…I would assume that's not a First Amendment issue,” he said. “…We're not stopping gathering. It's just the structures that become problematic.”
