Gould, Arkansas, is a small town of about 850 people. If the city council has its way, those 850 people will be barred from gathering together to discuss city matters without approval from the city government.
Mayor Earnest Nash is completely opposed to the plan and is willing to go to court rather than see the ordinance pass.
“This is still America,” Mayor Nash told Fox 16.
“You just can’t vote and violate people’s constitutional rights,” he said.
Last Monday, the council voted to ban groups from gathering or forming without city approval.
Sonja Farley, a member of the Gould City Council, said that no matter the group, if anyone meets to discuss the city, that meeting must be approved by the city.
“You can’t just come in here, get with four people and decide to start an organization,” Farley said, adding, “You will go through your city council with legal documentation and get approval.”
But Mayor Nash promised he would not sign the ordinance, calling it ludicrous that he would not be allowed to meet with citizens to discuss city business.
“They can take me to court,” Mayor Nash said pointedly.
Fox 16′s Katherine Johnson said the ordinance was “extremely vague,” and encompasses “Boy Scout troupes, book clubs,” and even bans families from discussing city matters at the dinner table.
Johnson said the Mayor vetoed the ordinance on a technicality, but it could be brought up at a council meeting in August and possibly made law without the Mayor’s approval.
Johnson also said that if the ordinance was passed, her interview with Mayor Nash and the city council would be illegal.
John DiPippa, Dean of the Law School at the University of Arkansas at Little Rock, expressed disbelief when he first read the proposed law.
“The truth is the city of Gould doesn’t have the authority to tell anyone that they have no right to petition them, no right to speak and no right to exist in their city,” DiPippa told Fox16.
“The fact is, if it’s aimed at this group, it also extends to you talking to your mother or a church group or any other group that wants to form. A garden club! It’s so broad that it can’t possible comply with the First Amendment,” he said.
Fox reports that even the city attorney tried to tell the council the proposal was illegal and violated the First Amendment. In return for his advice, Fox reported that “members tried to fire him.”
DiPippa told Fox the ordinance will end up with a lawsuit:
“Unfortunately, it’s probably going to lead to a lawsuit, embarrassment and an expense for the city of Gould because this has no chance of being upheld in a court,” said DiPippa, adding, according to the ordinance, the conversations Fox16 had with the mayor, council members and the Gould City Advisory Commission on Wednesday were against the law.
“Technically, when they met with you, they violated their own ordinance,” said DiPippa.
A post at therightscoop.com notes:
“This is tyranny on steroids. I can’t imagine this will stand up in court but it appears that the city council wants to test that theory. Just unbelievable that they would even do this. They must be really crooked if they want to silence people in this manner.
This article was written by JOE NEWBY; full article at EXAMINER …
You must log in to post a comment.
What is next? Obama-style rule by executive order (i.e., rule by decree)?
July 23, 2011 at 5:26 pm
First in the provisions of the Patriot act extension they have sacked our 4th amendment rights if they choose to and now Gould wants to take our 1st amendment rights next it will be the 2nd!! This is govt at its worst!! Socialism has no place in America and this will be a fight they will lose!!
July 23, 2011 at 6:30 am
Evidently have a bunch of socialists on the city council.Unconstitutional and rediculous.
July 22, 2011 at 9:55 am
They still have the Second Ammendment, that is the only one that protects rest of the rights, and the only one that counts.
July 21, 2011 at 8:54 pm
The city council needs to suffer for even proposing such a thing. I hope the good citizens of Gould not only strike it down, they need to punish the city council severely. SUE THE HELL OUT OF THEM!
July 21, 2011 at 6:08 pm
That the City Council can even think something like this has merit shows just how little current governments know or care about our constitution. The relationship between gov’t and we the people is upside down…they no longer believe they work for us but instead that they RULE us.
July 21, 2011 at 5:05 pm
It is so sad this day and age that allot of the elected officials have forgot the Constitution and what they were elected to do.uphold the Constitution and abide by it not tear it down, that is what this country was built on, our forefathers right now are for sure rolling over in there graves, it is VERY SAD!!
July 21, 2011 at 4:59 pm