A number of Christian fundamentalists may have claimed that gay revelers in town for Southern Decadence somehow prompted Hurricane Isaac's dangerous weather in New Orleans last week. As it turns out, New Orleans has little tolerance for anti-gay rhetoric, too, as nine preachers were arrested for "suspicion of aggressive solicitation" on Saturday after yelling homophobic epithets during a Southern Decadence demonstration.Back in Februrary, James Gill wrote that NOPD would be "nuts" to enforce such a clearly unconstitutional ordinance.
The New Orleans Times-Picayune identifies the preachers as Patrick O'Connell, 45, Rolando Igleasias, 31, Cesar Chavez, 22, Daniel Hoogerhuis, 26, Danny Guevera, 20, Larry Craft, 52, Montes Diego, 32 and Gary Brown, 33.
The men were found to be in violation of an ordinance that prohibits "any person or group of persons to loiter or congregate on Bourbon Street for the purpose of disseminating any social, political or religious message between the hours of sunset and sunrise," according to the publication. A police spokesman said the men were previously warned not to use bullhorns, but did not comply.
Indeed, the main thrust of the ordinance is to combat "aggressive solicitation" in the Quarter. Panhandlers may not touch a mark, resort to intimidation or profanity, refuse to take no for an answer or cause an obstruction.Look, I think we're all in agreement that the crazy preachers who come to make spectacles of themselves during Decadence and also at Carnival and also at... other times... aren't very nice people. But they do have a constitutionally guaranteed right to be not very nice people on the streets of the city.
If aggravated begging is always verboten, even the peaceable variety becomes illegal after dark under this ordinance. Council members may proclaim their devotion to free speech, but these are sunshine constitutionalists.
That is when they are constitutionalists at all. The council evidently decided that, while it was taking aim at the moochers, the ordinance could be expanded to tackle another gang of French Quarter pests -- the zealots spouting fire-and-brimstone through bullhorns. It is impossible to conceive of a clumsier or more futile response than trying to gag the citizenry.
The usual way most of us react to them is by exercising our own right to either ignore them or ridicule them. Either way everybody gets to keep drinking and having a good time. Well, the preachers don't get to drink, but they do seem to be enjoying themselves.
This time the city council and NOPD have chosen a different strategy for handling something that wasn't actually a problem in the strictest sense. We look forward to the resulting circus of lawsuits.
Update: On a related note, Decadence has really grown up in recent years. This weekend we noticed the Bourbon Pub has instituted a Jazzfest-like tiered admission price structure. Note the "VIP", "Weekend Pass", and "General Admission" entrances. Perhaps a "Haters to the left" sign would also be appropriate except the haters all got arrested.
Well, of course it does. That's why we need an amendment to protect it. There's no need to guarantee a right to pleasant speech.
ReplyDeleteFree Speech does not include hateful or abusive language.
ReplyDeleteI agree this is a terrible policy and a complete violation of free speech. As a lesbian, I always object to these kinds of things; ultimately, when we accept bans on expression we will eventually be subjected to the same oppression. Count me as a 1st Amendment feminist and queer.
ReplyDeleteI think they can ban the megaphones under a noise ordinance, and anyone who commits assault should be arrested. And it looks like commercial speech is still protected under this ordinance - people can hand out flyers and coupons and solicit business along Bourbon Street 24/7.
All around a bad thing.
-Beth