Fees floated for protests in D.C.
Agency also proposes limits on White House sidewalk access
WASHINGTON — The National Park Service is exploring whether to require protest organizers to pay for the cost of providing law enforcement and other support services for demonstrations held in the nation’s capital.
The proposed rule also could shrink a significant portion of the sidewalk outside the White House that is accessible to pedestrians, leaving a 5-foot-wide sliver. Monday is the deadline for the public to comment on the proposal.
More than 7,600 comments have been submitted, the vast majority in opposition. Those include comments from many who consider it an effort by President Donald Trump’s administration to deter some of the protests that have marked his presidency.
“Requiring these burdensome fees will dissuade Americans from demonstrating,” wrote Gayle Copeland of San Antonio. “This new rule is not reflective of American values or history to peacefully protest.”
The National Park Service issues about 750 permits a year for demonstrations within the National Mall and at nearby parks. The agency said its proposed rule is designed to provide greater clarity so demonstrations can occur in a manner that protects historically important public land.
There have been several large demonstrations on or near the National Mall since Trump assumed office. The Women’s March in January 2017 drew protesters from throughout the country to Washington. That has been followed by protests of the president’s actions on issues including climate change and guns.
National Park Service spokesman Brent Everitt said the agency will always support the First Amendment right of free speech and assembly. But citing an event that preceded the Trump presidency, he noted that the cost of providing law enforcement and other support services for Occupy D.C. in 2012 came to about $480,000. The protesters, who sought to draw attention to social and economic inequality in the wake of the financial crisis, set up a makeshift tent camp that raised health concerns.
“We want to know the public’s views on whether this is an appropriate expenditure of National Park Service funds, or whether we should also attempt to recover costs for supporting these kinds of events if the group seeking the permit for the event has the ability to cover those costs,” Everitt said.
Everitt said the National Park Service is not recommending that it charge a fee for demonstrations, but rather is raising the question of whether it should.
The American Civil Liberties Union’s chapter in Washington, D.C., said many of the changes the National Park Service is considering would be unconstitutional. Arthur Spitzer, the group’s legal co-director, said that if cost-recovery requirements had been in effect in 1963, the historic march featuring the Rev. Martin Luther King’s “I have a dream” speech probably couldn’t have happened.
“The National Park Service cannot seek to balance its budget on the backs of people seeking to exercise their constitutional rights,” Spitzer said.
Spitzer said the ACLU’s Washington chapter supports some of the changes the administration is considering, such as adding to the list of areas where large numbers of people can demonstrate in the nation’s capital without permits. It says these venues are often more convenient for demonstrators and have plenty of room to accommodate hundreds of people without disruption.
Spitzer said a proposal to shrink pedestrian access in front of the White House along Pennsylvania Avenue would violate a court order. He said it’s also inconsistent with the Secret Service’s plans to install a taller, stronger fence with special anti-climbing features. The new fence is designed to allow the public access to the historic site while also meeting modern-day security standards. Under the proposed rule, about 80 percent of the White House sidewalk would be closed off, leaving a 5-foot portion for “pedestrian access.”
A spokesman for the National Park Service said the change in sidewalk access was proposed at the request of the Secret Service.