Logan County discusses event policy and hears concerns of public

 

[October 09, 2020] 

On Tuesday, October 6th, the Logan County Board held a special regular meeting. One focus of discussion was setting an event policy.

The proposed event policy was in the board’s packets for board members to review. David Blankenship, who chairs the Logan County Building and Grounds Committee, has been discussing the event policy with the committee for the past few months. Blankenship said right now he is not sure where to go with the policy.

If there is no event policy, Blankenship is not sure the county insurance will cover events. In talking to Sheriff Mark Landers, Blankenship said Landers’ response was mixed. Sheriff Landers is not sure insurance will cover the county for events and said he cannot enforce a policy for one group and not another.

In discussions with State’s Attorney Brad Hauge, Board Chair Emily Davenport had some questions. Davenport asked the difference between a group coming together on the courthouse lawn and saying they have freedom of speech versus the group calling the board and telling them they plan to meet. She does not feel they can deny either group.

Lincoln College students want to have an anti-racism rally next week and Davenport asked whether they would need to fill something out. She wanted to know if the board needed to speak to the state’s attorney further. If a group does not call to ask about having an event and there are hundreds of people marching down the street, Davenport asked whether the county should stop them.

At the State Capitol building, board member Bob Sanders said people are required to get a permit for demonstrations.

There was then some discussion and questions from members of the public.

The Logan County Democratic Central Committee Chairman Gary Davis said they meet once a month. Since Davis was elected as chairman, he said the committee has met three times. One of the times was at Memorial Park and he got permission from the Rec Center, and the other times were at Kickapoo Creek Park.

When Davis approached the county about his committee meeting on the courthouse lawn, he was told an insurance policy was needed. Davis offered to pay for the $240 policy himself, but the Democratic Committee voted him down. The committee said they would not let him pay it and they would not pay it either because it is the right of citizens to assemble.

The Democratic Committee told Davis to file a Freedom of Information request to find out about when groups paid for insurance policies and when the policy was installed. However, the board found no record of who had paid for these policies or when they had paid.

In talking to a county board member who lives in his neighborhood, Davis said he expressed his concerns about the policy.

Davis said the board secretary could not determine when the policy was installed and told him the insurance policy would be waived for his event.

There were a couple concerns Davis had. He wants to know if the county is over-insuring itself since they do not know what the insurance policy covers. If the board is already covered, Davis feels it a waste of money for others to get a policy.

In years of working with community college boards, Davis said he has seen board’s fall prey to overly cautious attorneys and insurance agents.

These boards get themselves into a position where they cannot say no to a policy. Often it related to athletic programs. For example, when Davis served on one college board, he said they would not allow a volleyball program because someone could get hurt. Davis said someone needs to stand up and say we are willing to take the risks. He feels the value of taking the risks is sufficient to offset any potential costs of the risks.

The Democratic Committee is hoping to have an event on the west side of the Logan County Courthouse lawn on Saturday, October 24. Davis said someone expressed concerns it would be construed as electioneering since that morning there is early voting.

In looking up the statutes on electioneering, Davis found it is legal to advocate for a candidate or issue if you are 100 feet or more from a polling place. That is the case even while voting is going on. The west lawn is further than that, so Davis said that should not be a problem.

If an insurance policy is required, Davis said he will pay for it himself.

Since making groups have an insurance policy would be hard to enforce, Davenport asked the point of doing it. She would like to do away with that policy for now and in the future look at whether insurance is needed.

Atlanta citizen George Menken asked whether they knew if the board’s insurance would cover damages from protests, rioting and looting.

If a group applied for a peaceful permit, Menken said they must not break those terms. There needs to be assurance if they riot, the group’s insurance must pay for the damages from any rioting. He feels the groups should carry riot insurance.

Within limits, Menken said that still gives groups their lawful rights. For example, with board meetings, there are laws and Supreme Court decisions based on how the public can talk to a board. These laws spell out what the public can say, what they can do and when they can do it.

The permit should spell out what the group is going to do, and Menken said it should be terminated if the terms are broken. Out west, Menken said some protests were broken up for not having permits.

There is a difference between individual free speech and having a large group who imposes itself onto the government and other citizens not involved. Menken wanted to know where their free speech overcomes his free speech. He said that is the reason for a permit process.

For Davenport, the question is what if the group does not know a permit is needed and who will enforce the policy. The sheriff does not have enough staff to come and break up a large crowd. Davenport also does not want to punish people who actually do the right thing.

Davis asked if groups are willing to bear the risks. He said the Democratic Committee will bear the risks and will not riot. Davis is certain they will not tear the place down.

Saying he did not want enter into debate with Davis, Blankenship asked Davis to clarify if he was opposed to filling out a permit. Blankenship then asked if an organization shows up and causes property damage, is Davis personally okay with taxpayers incurring the additional costs resulting from looting and/or rioting. Blankenship also wanted to know if Davis is okay with increased insurance rates resulting from such actions.

Blankenship asked Davis if he personally was okay as a taxpayer accepting the additional costs when the county could offset the risk by simply imposing an event insurance requirement.

Filling out a permit is not what Davis opposes. What he opposes is having to buy an insurance policy.

As for the costs of looting and rioting, Davis said it depends on the case. Davis feels it would be good to consult with an attorney and insurance company. An attorney could tell them what the insurance covers. He said the board should be the one to draw the line.

After the meeting, when asked Blankenship said he appreciated the dialogue with Mr. Davis and respected the points he brought forward, however, Blankenship has concerns that invoking an event policy requirement on case-by-case basis may be considered discriminatory. He agreed with Davis that further consultations would be wise prior to making a final decision.

Board Vice Chairman Scott Schaffenacker said the board needs to do research on how well insured the county is.

Blankenship said the county should at least have a permit in place when groups want to hold events.

Though Welch likes efforts to protect the courthouse, she is okay for now with just having groups fill out a special use form. This form covers the parks and courthouse. She would like more information too.

The Lincoln College students have not got a permit, but Davenport said they informed her about the rally. She asked if they should still be allowed to have the rally.

Board member Bob Sanders said he thought there was a time frame they had to submit information in so security could be in place.

While agreeing with many concerns expressed, board member David Hepler said it would “cost” the board more if they turned down the students. Lincoln College is an important part of the community. Hepler wants to continue the discussion, but temporarily suspend some of the requirements until at least after the election.

To avoid infringing on any rights, Sanders thought it was better to hold off until they could get more word from Hauge.

Sanders’ motion to temporarily suspend insurance fees until some of the issues can be addressed was unanimously approved.

[Angela Reiners]