September 01, 2004

Newark - The ACLU-NJ filed a lawsuit today on behalf of the People's Organization for Progress, New Jersey Peace Action, and itself, challenging two Newark policies affecting free speech rights -- one which restricts the right of individuals to distribute leaflets on public sidewalks and streets, and another which requires individuals to buy a $1,000,000 insurance policy in order to engage in protests, marches or vigils. Both practices violate the right to freedom of speech under the United States and New Jersey Constitutions.

"The City of Newark has placed these organizations - as well as many of its citizens - in a position of either being subject to excessive restrictions and costs they can't afford, risking arrest, or remaining silent," stated Bennet Zurofsky of Reitmann Parsonnet, a volunteer attorney representing the plaintiffs on behalf of the ACLU-NJ. He added, "Free speech should be free, and should not be only for those wealthy enough to afford it."

Newark's handbill ordinance (Ordinance 8:6-1) states not only that persons handing out notices or leaflets on public sidewalks or streets without a permit can be arrested, but further requires that, in order to obtain a permit, the Chief of Police must be "satisfied that the person is of good moral character," the applicant must be fingerprinted, and the applicant must submit two recent photographs of himself "of a size determined by the Chief of Police." After obtaining the permit, "[t]he permittee shall carry the permit and shall exhibit it to any policeman or other person, on request." Although the ordinance was enacted many years ago, until recently Newark has not sought to enforce it against the ACLU-NJ's clients. However, in the Spring of 2004, the Newark City Council expressed its desire to have Newark police officers actively enforce the ordinance and declared that enforcement would begin on July 1, 2004.

In addition, until recently Newark recognized that requiring individuals or grass-roots organizations to obtain a million-dollar insurance policy as a prerequisite for holding a march, rally, or vigil on a public street violated free speech protections. As such, free speech activities were exempt from the City's insurance requirement. However, Newark has recently reinstituted their insurance requirement for free speech activities and, in addition, requires individuals to indemnify the City for any harm that may occur to them during the march. As such, individuals and organizations that cannot afford the cost of insurance will be precluded from exercising their free speech rights.

The lawsuit is entitled People's Organization for Progress, et al. v. City of Newark, et al. The case was filed in the Superior Court of New Jersey in Newark.