November 16, 2006
FOR IMMEDIATE RELEASE
CONTACT: media@aclu.org
Important African American Cultural Tradition at Risk
NEW
ORLEANS - The American Civil Liberties Union of Louisiana announced today the
filing of a federal lawsuit to challenge excessive escort fees applied to Social
Aid and Pleasure Clubs and second-line parade groups in New
Orleans.
"A unique African American cultural and historical
tradition will be taxed out of existence without relief from the court," said
Joe Cook, Executive Director, ACLU of Louisiana. "This tradition is important
for the rebirth of New Orleans and for those still struggling with the loss of
family, unity, home and normalcy."
A city ordinance allows the
police chief wide discretion in charging groups seeking to parade or
demonstrate. Earlier this year, fees were raised for second-line dance
processions and jazz funerals from around $1,200 to $3, 760, in addition to a
$10,000 bond required by state law. Other groups continue to be charged lower
rates or no fees at all.
In May, the ACLU sent public demand
letters on behalf of the Social Aid and Pleasure Club Task Force to Police Chief
Warren Riley requesting a change in the fees. Despite a letter from a city
attorney advising that they were "reviewing" the matter, the fees have not been
modified. Because second-line parade season has begun in earnest, the ACLU is
seeking emergency relief in federal court.
"The city code allows
the police chief enormous discretion in deciding when to assess police escort
fees and how much to assess," said ACLU of Louisiana Staff Attorney Katie
Schwartzmann. "Courts have held that this discretion is unconstitutional.
Although the police chief cites extra costs due to violence in the crowd at some
second-line events, imposing fees because of the behavior of a hostile audience
is constitutionally impermissible."
The ACLU represents Social Aid
and Pleasure Club Task Force and other named plaintiffs affected by the
ordinances and state law. The suit names as defendants the City of New Orleans,
New Orleans Mayor C. Ray Nagin, Chief Riley and Louisiana Governor Kathleen
Blanco. Cooperating attorney Carol Kolinchak and Schwartzmann represent the
plaintiffs.
The complaint is available at:
www.laaclu.org/SocialAid_Complaint.pdf.
The ACLU's May 16, 2006 letter to Chief Riley is available at
www.laaclu.org/2ndLineDemandLtr.pdf.
