Several Charleston-area residents spoke out Tuesday at a city council meeting on the municipality’s controversial First Amendment Ordinance that council passed in July 2021.
“Whether you call it peacekeeping or policing, the result is the same,” said one West Ashley resident Tuesday. “Permits for 25 people, 15-foot buffer zones and authorized arrests at peaceful protests directly limit free speech.”
Council members did not directly respond to any criticisms or demands made by the citizens during the meeting, per Mayor William Cogswell’s “rules of decorum.”
“We are here to hear you and for you to exercise your First Amendment rights,” he said during the meeting. “This is not a question-and-answer.”
Council member Mike Seeking, whose district includes parts of the peninsula, said the ordinance was challenged in April 2025 on constitutional grounds, but a district court judge found that it satisfied legal requirements.
“Peaceful protest is a cornerstone of our democracy and is encouraged within reasonable, well-defined and constitutional parameters,” he told the Charleston City Paper.
Council member Leslie Skardon, who was not on council when the ordinance was passed, said she would like to see it revisited.
“This ordinance was passed during an extraordinary time in the middle of COVID,” she told the City Paper. “I encourage a thorough analysis of the ordinance to understand how it is working and how it is being used in practice.”
City spokeswoman Deja Knight McMillan was not available for comment. Other city officials did not respond to requests for comment prior to publication.
Four other city council members — Ross Appel, William Tinkler, Ben D’Allesandro and Aaron Polkey — either did not respond to requests for comment or declined to speak on the topic prior to publication.
One participant, however, said he was part of the First Amendment Restoration Campaign, a related organization to the Charleston chapter of the Democratic Socialists of America (DSA). The DSA is the largest socialist organization in the U.S. He told council members that his petition to repeal the ordinance garnered more than 1,600 signatures.
“In my brief period doing political work here in the Lowcountry,” he said, “I’ve gotten a lot of ‘Nos’ while canvassing. There is one issue I’ve never received a single ‘No’ on, and that’s this petition. Every working-class person understands that with this ordinance in place, the only people who have a voice in local politics are those with the money or connections to hold influence and office.”
The most prickly part of the ordinance requires demonstration permits for gatherings of 25 people or more. Other parts say:
- Demonstrations cannot block vehicle or pedestrian traffic;
- Demonstrations cannot be held within 15 feet of a monument fountain, historical marker, and several other places listed in the ordinance (which can be seen below);
- Participants cannot deface or attach signs or objects on any city property statue or monument;
- It is unlawful for any participant of a demonstration to harass or intimidate any bystanders.
Authorities have also said they could reasonably restrict the time, place and manner of demonstrations to ensure public health and safety. But opponents say that’s where city officials are crossing lines. One Charleston County resident thought the issue was important enough to make a trip downtown to join the group.
“The First Amendment places a heavy burden on municipalities to ensure that time, place and manner restrictions are narrow,” said the Seabrook Island resident. “The current ordinance violates these requirements. It’s extremely restrictive in respect to place, it’s extremely arbitrary and it places unrealistic demands on citizens.”
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