December 13, 2005
FOR IMMEDIATE RELEASE
CONTACT:
media@aclu.org
Church Groups and Others in Polk County Are Free of Burdensome Fees Following
ACLU Lawsuit
TAMPA, FL - In a victory for free speech, Polk County
officials today agreed to temporarily eliminate a burdensome rule that had been
challenged by the American Civil Liberties Union requiring that individuals and
groups purchase expensive insurance policies before being allowed to set up
displays in front of the county administration building.
"Money
will no longer be a determining factor in whether someone is able to exercise
their constitutional right to free expression," said Rebecca Steele, Director of
the ACLU of Florida's West Central Florida Office in Tampa. "Now church groups
and smaller non-profits can express themselves without having to worry about
whether they can afford to pay a government-imposed fee."
The ACLU
sued on December 9 after county officials rejected the ACLU's application to
create a Bill of Rights display, including a 12-foot Statute of Liberty, to
commemorate the 214th Anniversary of the ratification of the Bill of Rights. The
organization's application was denied because it failed to take out the required
$500,000 insurance policy. The ACLU said the insurance requirement placed an
undue burden on people's right to self-expression.
In a court order
signed today by U.S. District Court Judge Elizabeth H. Kovachevich, Polk County
agreed to temporarily suspend the $500,000 insurance requirement in order to set
up displays in the so-called "free speech zone."
As part of the
negotiations with the ACLU, the county also agreed to eliminate the
requirement that applications be filed 21 days in advance of "the first date of
the desired date," and protecting Polk County officials from liability for
damages or injury.
All of the requirements will be suspended for
30 days in order to give both parties the opportunity to come to a final
agreement.
Polk County's "usage policy" setting the $500,000
insurance requirement was passed in March after a group of churchgoers erected a
Nativity scene on the lawn of the county administration building without
permission.
The ACLU of Florida filed the lawsuit on behalf of
members of its Greater Tampa Chapter, the Humanist Association of West Central
Florida, and an individual who put up a display last year.
In
addition to Steele, Randall Marshall, ACLU of Florida Legal Director, and Peter
Helwig, an ACLU volunteer attorney, served as attorneys in this case.
Today's order is online at:
www.aclufl.org/issues/free_speech/Polkstipulatedorder121305.pdf
