Several years ago, the Virginia State Supreme Court struck down a state law prohibiting cross-burning. As much as I personally feel that cross-burning is divisive, non-productive and a feeble way at best to express ones self, I have to agree with the Court. The right to free speech must always be protected in this country, “no matter how repugnant that speech might be.”
The Court stated, "While reasonable prohibitions upon time, place and manner of speech, and statutes of neutral application, may be enforced, government may not regulate speech based on hostility -- or favoritism -- towards the underlying message expressed."
To abide by the spirit of the Court’s decision, we must evaluate the real issue here, public safety. The reason that people in this country are opposed to cross-burning is that, all too often, someone or something gets hurt. Someone is burned, beaten or a home ends up being torched. So rather than trampling on the civil liberties of American Citizens, here is a very sensible, practical step that municipalities can enact for the public good and safety.
Require cross-burning permits, similar to those presently required by cities and counties across the country for open burning of weeds or trash. These permits would have be purchased 5 days prior to the event and provide the following information:
- Name of the sponsoring organization, including principle officer's addresses and phone numbers
- List the names and ages of all participants
- Location, time and length of the activity
- Provide a signed contractual agreement with the property owner(s) where the event will take place, agreeing to provide the venue, and guaranteeing that the following items are adhered to:
- If the cross exceeds 4 feet in height or the anticipated crowd could exceed 25, the sponsor or the property owner would have to provide a bond to cover any losses or damages incurred.
- Sponsors must provide a signed permit from the local Fire Chief, citing proof that adequate fire safety measures will be enacted, and detailing such measures, to protect property and participants.
- If the anticipated crowd could exceed 10, the sponsors would have to provide toilet facilities for the participants.
- If the anticipated crowd could exceed 25, the sponsor would have to provide proof that adequate security will be provided or the local police will provide security and bill the sponsor for any expenses incurred.
- Fire Chief must also inspect the venue 30 minute prior to the starting of the event to ensure that all the above measures were fulfilled. Violations that are not immediately corrected will require the cancellation of the event.
- If alcohol is served, the sponsor or vendors must provide the appropriate licenses and/or permits for the sale and/or distribution of alcoholic beverages as mandated by the current State and County laws.
The violation of any part of the cross-burning ordinance carries a penalty of up to 30 days in jail, payment of any damages and a fine of up to, but not to exceed the amount of damages, assessed to the sponsoring organization and any or all participants.
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