ACLU lawsuit claims Rose Bud ordinance restricts First Amendment rights
ROSE BUD, Ark. – A lawsuit filed by the ACLU of Arkansas on behalf of the ballot question committee For AR Kids claims the town of Rose Bud broke the law.
The suit claims an ordinance that puts restrictions on petition canvassers at a town event violates First Amendment rights.
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The ordinance that was passed would require canvassers to collect signatures only at their booth, and not be able to walk around, which the ACLU says violates the First Amendment.
The judge put a halt to the ordinance for the time being Thursday.
The ordinance said no one can ask for signatures on any property owned by the city of Rose Bud, except at a booth or other spot rented by the group trying to get signatures.
Rose Bud Mayor Shawn Gorham said the ordinance was passed to prevent crowd congestion at the entrance and exit of events, where canvassers might ask those trying to get into their annual summer fest event.
Sarah Everett with the ACLU of Arkansas said the ordinance kept people from being able to express themselves by collecting signatures on public property.
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She said that’s one of the reasons they filed for a temporary restraining order, which was granted Thursday. This means the city of Rose Bud’s ordinance restricting canvassing abilities, can’t be enforced.
“The ordinance violated the First Amendment because it kept people from being able to express themselves to collect signatures for specific issues on public property, so collecting signatures for ballot petitions is First Amendment-protected activity,” Everett said.
Gorham said the ordinance had nothing to do with any issues individually or his personal thoughts, that they just passed it to help with crowd control at what he says is a very populated event.
“The only thing it would’ve limited is rather than anybody regardless of who you are, you would have not been able to walk around, the location of anywhere other than the booth space that you rented,” Gorham said.
He also said they are fully abiding by the law and the judge’s order.
More than 90,000 signatures must be collected by July 5 to put the issues canvassers were gathering signatures for on the November 2024 ballot.
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