That takes us to item number fourteen. Number fourteen is to discuss and take possible action to approve a resolution pertaining to public safety, loot acts in public protest, and the constitutional rights of the public in public spaces. This will be presented initially. I'm sure there'll be discussion with my mister black Bailey, our city manager.
Thank you, Eric. So I've got a presentation that actually goes through this resolution in detail, because I think it's important that we go through and make sure that more the public than the council is clear on exactly what it is that's being proposed. Before I do that, I kind of wanted to get into the history for the
public's benefit as to how this even came about. So in twenty twenty two, I believe, was when we had the last public directions that try was and after that there was a public outcry and of course this city Council went through a period of examination to determine what we could do based on legal precedents, and it was
fairly undeveloped at that point in time. There were states, and there were cities, and there were other jurisdictions that were attempting to enter into regulations and we were uncertain how those were going to go. As it started to develop, it developed largely the way that we thought it would. The courts were upholding the constitutional rights of the performers, and so regardless of public opinion, or regardless of personal opinion or the council's personal opinion, the reality was that
the courts were protecting the rights of performers. So that was the legal environment we were operating under. Fast forward two years, we're here again, this Will and the Barlsville Equality which used to be Alclahms for Equality. Barlsville has announced that they're going to hold a public drag show on September fourteenth this year. I got to day right on September fourteenth that year, so with that the city Council, once we were informed of this, the major concerns revolved
around the safety of the public. And what we have seen in the past as it related to these performances is that they do draw protest, and while both the performance and the protest are protected under our Constitution in the first Amendment, both of those are subject to certain rules and regulations intended to protect the public. So that
was the environment that we were all operating under. Over the last few weeks, I've had a number of conversations with city council members, and so this resolution, while I'm presenting it, while I helped to draft it, it was done at the request of the City Council, and so I say this as much for the public's knowledge as
your own. You're all well aware I've had a lot of conversations with all of you this I believe this resolution incorporates all the feedback that I've received in one on one conversations with you all, and that is where we find ourselves tonight. Now, a resolution is not an ordinance. It doesn't carry the weight of law. A resolution is only expressing the will of the council, and so that's
exactly what this does. Resolution is typically composed two parts, so there will be a ware ass section and an ware ass section essentially the story of the resolution is taught, and then there will be a section that is that follows. Now therefore be a resolve by the City Council of the City of Partsville, and that's the section that actually
has some degree of weight or a required action. So we're going to start tonight by going through the were ass is just so that we're all on the same page and the first so this is the entire resolution is on here. So if you have not had an opportunity to review this yet, you will have an opportunity to review it with me. I will read it word from work. It's available for the public. It's available in the Council's packet, so anyone who cares to know what
is in the resolution is certainly available for you. That was interesting. We've got a little bit of feedback there all of a sudden. So the first thing in any resolution I said was the whareas, But actually the title is the first required part of any resolution, and so this one essentially is titled the Resolution to the City Council the City of Marlsville pertaining the Public Safety, Loot Acts in public protest the Constitutional rights of the public
in public spaces. So if that's all you read, then you probably have a misunderstanding of what it is that
we're here to do tonight. The whereas is then layout a lot of what I just discussed with you on It gives a little bit of the history, It describes the legal environment, It discusses the rights and obligations of all the parties involved in this, and I believe that I think as we go through this, everyone will see that this is very fair and balance and it is very much within our legal authority as a city, which
is a great concern. So while there is a concern for the public safety, there is also concern over us not exceeding our legal authority. I think that everyone in this room, in fact is a champion of limited government, that everyone on this diaceis, and so that is we are trying to accomplish only what is within our forty to accomp So with that said, we as I said, this kind of tells the story. This tells the story
of the resolution. So the first point is that this started because there was a Pride celebration and it did have a public drag show back in September tenth of twenty twenty two. After that there was a large concern or there were a large number of concerns expressed by the public and the council was requested to look into
this and act on them. So the next one is essentially to talk about the duty of the city council, And the city council has two of their highest duties are number one and in fact, you all took an oath of this and we just recognized constitution week. Both of those things are your highest duties, and it is specifically to uphold the constitutional rights of all people under your jurisdiction. This doesn't matter whether these are people who you agree with or not. It is still our obligation
of all the rights. So that's the first framework. The second framework is that one the other highest duty of the city Council is protect the public and to protect the public safety. And so that goes into the third one, which is essentially the council recognizing that it is enshrined in our constitution the right to assemble to peaceably a symbol. That is an important component of this obviously is to peaceably a symbol. Now that is both for celebration and protest.
So we are recognizing the rights of everyone who might be involved in this, whether it be an attendee, a performer, or a protester. It is a given under our constitution that they all have equal rights. So then we start to get down into a little bit of the legal environment. And if you all have specific questions about this on the fur and the jest, but I can think I
can summarize it adequately. The first, and I think one of the most important points on this is that during that period of which there was regulation being proposed for drag performances, the state of Oklahoma considered two separate bills that were intended to regulate drag performances. It was Center Built fivel oh III in House Built twenty one eighty six.
It is my understanding they were advised that the regulations that they were proposing were unconstitutional and that as a result, they elected not to proceed with those I think that that is then supported by all of the jurisprudence that has occurred since then. So we have listed all of the really relevant cases. There's five of them up here.
I want to go into detail of them. I'll just sort of summarize that all of the jurisprudence at this point in time is indicating that drag is protected expression under the First Amendment of the Constitution. So again, absolute personal feelings and how we would wish this to be the law of the land. The highest law of the land at this point in time recognizes it as protected speech, protected expression, So that is what these cases are. Essentially.
All of these cases have not ended favorably for the regulatory body who is attempting to regulate drag as it relates to the First Amendment. They are all I think it's important to note that they are all in various states of appeal. I think that this ultimately will probably be heard by the Supreme Court of the United States, and at that point in time we will have final guidance on what this landscape looks like. But this is where we are today. These five cases in particular, have
all been mentioned at various times. The city Attorney has kept you up to date on anything that has occurred with these over time, and again, if you have specific questions about those, I'm sure Jess can answer them, but I will bore everyone with going into the details of it. So the next part of the story is that even though both of these things are protected speech, that they are protected by our Constitution, they are subject to reasonable limitations.
So specifically we have listed the types of limitations that could and it doesn't necessarily mean that these things have occurred. It simply these are things that could limit freedom of expression. And so in particular, there are several state statutes and several local ordinances that apply. There are prohibitions against disturbing the peace. There are prohibitions against indecent exposures of genitals
in a public place. There are prohibitions of not only disturbing the peace of the municipal Code, but also prohibits exposing children to loud in Lacivia's acts. Now, when it comes to loud in the Sivia's acts, these have legal definitions, and so again, absent feelings and whether or not we think that what has occurred was loud in Lacivia's, these all have legal definitions. And again, as we have seen in these previous cases, regardless of what we thought was
lud or is, the courts have not agreed. And so that is where we are is understanding that yes, these limitations exist, but they do. All of these things have legal have legal definitions, and they might not agree with what our personal definitions are for these things, but that's the way the law works. So keeping all of that in mind, the Council also recognizes that protesters and counter protesters have a right to assemble peaceably, but again they
are also limited by certain things. In particular, the things that are more relevant are again deserving the peace, and then there are also constitutionally supported restrictions on reasonable time, place and manner. This is those areas are very difficult and that they're fraught with peril because we get into constitutional law. However, reasonable time, place and manner telling the protesters that you need to protest in this space and keeping them separate from the event, and also keeping the
counter protesters separate from the protesters. Those are all reasonable time, place, and manner restrictions. Those are not content based. That's specifically focused on both safety, so we have the right to restrict based on those things, and then getting into the events that are occurring. That honestly led us to tonight. There is a public outdoor drag event plan for the Pride celebration on September fourth of this year, so that's
later this month. We also expect a protest at that and in the past when there has been a protest at a Pride event, there has been a counter protest. And again, my personal feelings, your personal feelings, they don't really play into it because all of those parties have a right to do that. They have a right to protest, they have a right to counter protest, they have a right to assemble in celebration. So all of these things are perfectly lawful events that do suffer from some restrictions.
The concerns as it relates to those are the possibility of public safety. And I will say, and have told this council before, I do have great concerns about public safety implications for everyone involved, whether it be protesters, attendees, performers, or counter protesters. There have been I think valid threats against all parties, So I have some concerns about that. That leads us into the next one, the city Council's
need concerned about the public safety. You all share that this is not my fear alone, this is one that you all share. So the final part of this is essentially what the city council was doing. And so the city council is providing guidance, actually providing direction to myself, and I will provide that to the city, to the chief of police. The chief of police will then assemble an operations plan, assuming that this is adopted, that will
follow the guidelines that are laid out. So that's kind of the story that let us down to what I told you before. Now therefore be it resolved by the City Council of the City of Barlsville. Back so this is now the wishes of the Council, and in particular you are providing direction to me. There's five points. This is actually the shortest part of the resolution. Believe it or not, it's relatively succame. But there are five points.
The first of which is a sufficient number of officers shall be assigned to Unity Square and surrounding areas set aside for protest to ensure the safety of protesters and participants a lot. So this is essentially this is a patrol of the area. So this is the first assignment that the Council has asked that the police undertake. This is a general assignment to patrol the area to ensure the public safety of all involved. I think this helps
to address the concerns in particular that I have. So then under each of these, by the way, there will be three assignments that you all have decided upon. One of this is the first one, and then all of the others will look a lot like this with their sub bullet points. Essentially, you all would like for all officers to receive training so that they understand specifically the
laws and regulations as they relate to the society. And so we've identified some of those laws and those rules and the things that are going to be particularly applicable. We train our officers all the time, and we do a really good job of training our officers, but this event could be very high tension, and so in order to ensure that we do the best job that we can, you have asked that they receive specific and a high
level of specific training related to desires. Also, you have then talked about officers assigned such duties shall be responsible for enforcement of all public service laws, preserving the rights of protesters, and ensuring the safety of all involved. You are also asking that we have open communication. This has actually started. I was in contact with one of the protesters who had notified every day that he planned to participate. I directed him to the Chief of police, who will
be responsible for the operations plan. That way they can communicate and there shouldn't be in surprises today. Up, I know that the chief has also reached out to Barnesville. Quality of the organization is putting this one for the same purpose. Support I say he has or he will. And so that's the first one. The second one, as I said, these all look very simple, very similar, and I'm sorry, I'm misstated on this one. This is specifically you really ask me to have officers assigned to the
area of protest. In particular, you wanted that so that we can help to prevent any public safety issues that might occur as tensions rise between protesters account of contests. So that first group will be assigned primarily to the area of the protest. The second group is what I
described earlier. This is actually a group to patrol the entire premises are there with the purpose of ensuring public safety, and so and again we're requesting that they receive a high level of training specific to their duty, which their duty again is general security and patrol to ensure the
safety of all involved. And then the final one is the same as before that we are encouraging and requesting open communication with all parties to try to ensure this is the smooth as possible it am number three again, sufficient number of officers. Now this one is unique to this performance, and it is specifically that you have requested that police officers shall be assigned to observe the performance.
And by performance, I assume that what we're talking about here is the drag show, since that is the one that has generated some public concern. Again, these officers will be assigned to this duty, they'll get a high level of training in things that are particular to them. So we typically partner with the DA's office. We're hoping that he will provide that training. Expecting, I think Chief that
the DA will provide that training. And so he will train us specifically on leudiness, on loot acts in accordance with the law. Again, these all have to be based on the law and exist depreshmen. So he will provide training on that. He'll provide training on exposure, disturbing the piece, all of those things that are relevant to this specific group officers and a side of this, and so they
will they'll be responsible. They got specific responsibilities that we talked about, and this is dealing with public decency laws, preserving the rights of performers and event organizers. Deep in mind this is that everyone has everyone deserves our protection that's under our jurisdiction. And then the safety of performers
and spectators. So again open communication is encouraged. Bullet point number four, you all have requested that all officers that are on duty at this time have a body warm camera and then it be on at all times, I think that this is sound. These events, especially when you're talking about protesters and counter protesters. It doesn't matter whether it is a Pride event or if it is a rally.
These generate high tension. No one remembers exactly what occurred, that they remembered how they felt, and so when someone makes a plane typically what it is is based on how they felt. Having these cameras provides protection for our officers primarily, but it also provides a record of the event so that all allegations and concerns can be addressed
by police administration. Myself. The final item is the city managers should make available and the Chief of Police all resources necessary to ensure the safety of the public, preserve the rights of all parties, and enforce all applicable rules and laws during this event. So that is essentially the resolution. I think that it is very well balanced towards preserving the rights of all involved, towards protecting the public safety,
the public peace. And again I think that all of this and these are the conclusions after review, and the city attorney has also looked this over and given his opinion on it to me. But essentially, the first thing is is that all of the information and contained in the whereas clauses is true, that is all factual, and I think it lays out the case for not only our responsibilities and our obligations, but also our limitations, and
I think it explains it very well. So understanding all of that, I also think that all of the instructions that are included the resolution are within our municipal authority. And I want to be careful of that. We are a municipal government, We have a high degree of responsibility, We have a tremendous amount of power. That all of the things that you have requested of myself to request of the police department are well within our municipal authority.
I don't think we've colored in any gray areas. And then the final thing, and I think this is one of the most important as well, is that all of the things that you've asked of me are within our ability. There's been discussion about costs, there's been discussion about obligations, things of that nature. I would say that even absent this resolution, it would be unacceptable of me to not have a significan police presence at this event due to
the potential damage to public safety. So we have always provided police presences, especially when there is a protest and a counter protest. We provide police presence. That is not at the request of an event organizer. It is not as an advantage to an event organizer. It simply is doing our job, one of which, and again one of our highest duties, is to preserve the public peace, protect public safety. So I believe that the resolution is fairly stated.
I believe that the resolution is reasonable, and I believe that all of this will make our community safer and will ensure that all have to pull rules of law and fault that council. I'd be happy to answer any questions you have, although it came from you, somebode you should ask each other.
There's a very thorough treatment of the subject. It is a subject that Elucid brings up great feelings, emotions. Sometimes my emotions overpower my logic and reason, and that is something to try to be careful and deal with this in a reasonable logical manner. I would note that has been mentioned that each member on this council takes an oath. I take oaths seriously. That oath is to uphold the Constitution,
even if I don't agree with it. We can change laws, but we disobey and violate them at our own peril and in the case of this city Council, at the peril of the city citizens. It is very difficult to determine intent. We have talked about this at length in the last two years and if mister Kane will certainly correct me if I misstate, but those sorts of questions can only be settled in a court and not by
this city Council to determine what someone's intent might be. Council, having heard mister Bailey's presentation of a subject, I know we would just as well talk about trash trucks are parks projects, but here we are. What are your thoughts, your questions?
One thought I I have in addition to the resolution that you presented any we have several events that happen throughout the course of any given year, and those events have special event permits where they can use TI Green or Unity Squares is also known. Along with those permits
or special event permits, city services are provided. And I know there's a lot of municipalities across the United States that have done probably research is to what the cost that goes into those across the board regardless of what the event is, and I would just ask that maybe city staff can do some additional research is to maybe what other municipalities have done so that the burden of the city services aren't absorbed completely by the city.
Yes, sir, in fact, we do have a special event process that we go through. It charges for some things, but perhaps not for everything that we have an option to and so I would be happy to do some research. I think it's important that we research that and then we determine the impact it would have on all of our events. As you said, we have a number of events,
and so yes, I'd be happy to do that. I believe our next meeting would be in October and it shouldn't be an issue to have have that done before then.
Everything the city does has a cost, and the decision is where does that cost land And there will be discussion and I'm sure dissension in the results, but it's a good discussion to.
Have discussion top and we'll have that discussion at the appropriate time. I do want to I want us to take a moment to say thank you to our police department, to our city staff. Our police department does a fabulous job.
Trusted fully and only.
In them in the way they've handled all of these things to this point, every event that they attend. I want to thank the city staff for working with us and executing our wishes.
And bringing this forward to us.
I want to thank everybody who uses prop our facilities and our parks and everything else.
They they take care with them. This organization is no different.
They've taken care, They've followed through with every obligation and their protractual use of that and gone above and beyond in a lot of ways. So I want to say thank you. This is what makes our community great. We all have differences of opinion, but we come here and we get to this point, and I truly feel this is a representation of work that's been done. And I don't think a lot of the public sees that this
work goes on. The City Council and the city staff and the Police Department don't sit idly by and do nothing on these things. We work and we make sure that we represent all of our constituents in these matters. So thank you to our police department, thank you, our city staff, thank you to everybody.
Yes, sir, thank you, I'll say.
Anyone else we do have before us an action item if we choose to take action on this. I see this as a public safety regardless, as mister Bailey says, is where any of us might feel in our personal opinions. What is this municipality authorized, empowered and capable of doing to keep our people safe. There's over thirty seven thousand of us in this community, and I suspect there are thirty seven thousand opinions on any given subject. Council, what are your wishes?
I would move that we adopt and approved the resolution as presented.
I'll second that very good Councilmember Roselle has moved Councilmember ship Shipper has seconded emotion to approve this resolution as presented and discussed. Are there any other comments? Are there any questions.
You like? Mister Rose Alight, mister Univers, Mister.
Eric Holmer, Ah, that is approved.
I've had conversations not just with the four of you, but also with council Member cart Or Vice mayor Card. He was unable to be at this meeting. He really did want to be here. Uh. He wanted me to express his approval for this. I told him that I
couldn't be his proxy boat. So I would wait til after it was either approved or denied by the city Council, and then I would say that that he did he did want me to take a moment and let all of you all know that he fully supports this and that he is grateful that you all have done this work with me and that it's under consideration.
So thank you well. And I would note I have had discussions, and I'm sure each of you have also, and I have been very appreciative of the courtesy that
has been shown to me. That people may feel one way, they may feel another, they may agree or disagree, but they have been willing to have calm, reason discussions, to tell me what they think, to listen to my thoughts, and at the end of it, to express appreciation myself and the other party that if we have these rational, reasonable discussions, that we can come together as a community and find solutions that won't please us all but allow
us all to live together in peace. And I think that really is is one of the goals that a lot of people would like to see. At least that's what they've told me.