When the 2020 protest movement started at the end of May, the City of Graham and Alamance County met it with restrictive rules and arrests, and was promptly sued for First Amendment violations.
With a federal judge’s approval of a consent order, a set of rules for court access very similar to what has been in place for the last few months under a federal injunction would become permanent, and deputies of the Alamance County Sheriff’s Office would take implicit racial bias and racial equity training.
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This does not resolve the consolidated lawsuits against the city and county, Justice for the Next Generation v. Johnson also known as Drumwright v. Cole over the crackdown on the Oct. 31 “I am Change” march.
Graham quietly repealed its restrictive and long-standing two-or-more protest ordinance in July, so it is no longer a defendant in the suit. But the legal fight over protesters’ access to the grounds of the Alamance County Historic Courthouse ground on until Friday April 16 when the parties to that suit submitted a consent order together for a federal judge’s approval.
The Alamance Branch of the NAACP and eight regular attendees of Graham protests in agreement with Sheriff Terry Johnson, the Alamance County Board of Commissioners and county manager are asking Judge Catherine Eagles to accept a set of rules for courthouse access and law-enforcement training and put the force of law behind them.
While the sheriff’s office can make “reasonable time and place restrictions,” the steps on all four sides of the courthouse, the sidewalk and the space between the north staircase and the Confederate monument would be open to demonstrators. And the county would make its policies apply to all demonstrators regardless of their opinions or positions, what is called “content neutral.”
The sheriff will also agree swear or indecent words are protected under the First Amendment even when directed at law enforcement and do not warrant arrest unless they meet the legal definition of “fighting words.”
Permits wouldn’t be required to demonstrate on the south entrance steps or sidewalks even during courthouse hours. Permits would always be required to protest on the north entrance steps, public parking spaces, trees and landscaping. No permit would be required outside courthouse hours to demonstrate on the east and west stair cases or the reserved parking spaces by the monument. And the county would make a statement that a waiver for those who cannot afford the $25 permit fee is available.
Lawyers representing the NAACP from the Lawyers Committee on Civil Rights Under Law would not comment on the order until the court takes action. No one from Alamance County responded to a request for comment Friday.
Graham City Council adopted a new protest ordinance in March. While Elizabeth Haddix with the Lawyers Committee told the Times-News it still had some problems, it no longer requires a permit for two or more protesters or prohibits minors from participating in demonstrations. It has not been available through the city’s website, according to City Manager Aaron Holland, because of the lag in the Municode system towns and cities us to post ordinances, so some out-of-date rules can still be found there.
Isaac Groves is the Alamance County government watchdog reporter for the Times-News and the USA Today Network. Call or text 919-998-8039 with tips and comments or follow on Twitter @TNIGroves.
This article originally appeared on Times-News: First Graham protest lawsuit of 2020 to settle
