Two freshman members of Charleston City Council say it might be time to revisit a controversial First Amendment ordinance passed in July 2021 that critics say unreasonably restricts public demonstrations.
Meanwhile, a march and rally against the ordinance are planned for Saturday. On July 14, 11 Charleston-area residents spoke out against the ordinance at a council meeting. 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.” But the comments turned some heads.
“This ordinance was written with such broad brushstrokes, pretty much any organizer has a target on their back from the Charleston Police Department,” said Sam Carroll, a Charleston advocate with the Democratic Socialists of America (DSA). “At the same time, it’s almost impossible to enforce.” Carroll and others are organizing a weekend protest of the ordinance.
The city’s First Amendment Ordinance requires demonstration permits for gatherings of 25 people or more, restricts where demonstrations can be held, limits what sort of signage can be posted and where and more. Officials have said they could reasonably restrict the time, place and manner of demonstrations to ensure public health and safety.
A new look
Council member Leslie Skardon, who was not on council when the ordinance was passed, said she would like council to take a new look at it.
“This ordinance was passed during an extraordinary time in the middle of Covid,” she told the Charleston City Paper. “I encourage a thorough analysis of the ordinance to understand how it is working and how it is being used in practice.”
And she isn’t the only one. Councilman Aaron Polkey, who also was not on council when the ordinance passed, said the issue should be taken up by the city’s Public Safety Committee.
“The city should engage the community in a process to comb through the ordinance and update it for today’s circumstances,” he told the City Paper. “As a member of the [Public Safety Committee], I plan to be a robust and constructive participant in that process.”
When asked about the public comments at the July 14 meeting, council member Mike Seekings, whose district includes parts of the peninsula, pointed to an April 2025 legal challenge to the ordinance.
“The ordinance has been challenged on constitutional grounds … and it satisfied time, place and manner requirements,” he said in a written statement. “Peaceful protest is a cornerstone of our democracy and is encouraged within reasonable, well-defined and constitutional parameters.”
Rally planned for this weekend
Several local organizations are coming together over the weekend to rally against Charleston’s restrictions on public demonstrations and protests.
“This protest is putting feet on the ground and some truth to power,” Carroll said. “This is led and hosted by the DSA, but there are five or six other organizations you’ll see there. It’s a coalition. Anyone who has been down here and tried to hold a protest in Charleston has contacted us in frustration with the whole process.”
Organizers say the ordinance restricts planned protests beyond reason, and that city police routinely keep protesters out of visible downtown areas, and the threat of arrest, jail time, legal fees and more can deter First Amendment-protected activities.
The rally will begin at 6 p.m. Saturday at the Aquarium Garage on Calhoun Street. Attendees will then march west to Meeting Street, and turn south to City Hall. After that, they will march back up Meeting Street to Liberty Square for a rally.
Carroll said he hopes council members will see how important the issue is to Charleston residents and begin to make serious efforts to change the ordinance.
“There’s a fair number of these council members who practice law or have at some time,” he said. “When they’ve been introduced to the ordinance, I’ve seen some of them put their finger on their nose and realize how poorly it’s written out.
“Most of these council members understand this is an unconstitutional ordinance,” he added. “It will get thrown out by a higher court, so this is an eventuality problem.”
Carroll pointed to one particular restriction, making it unlawful for demonstrations to occur within 15 feet of a monument or memorial. The ordinance also lists fountains, sculptures, plaques, statues, markers, gazebos and any other architectural element with commemorative, historical, symbolic, aesthetic or artistic significance.
“The only place we wouldn’t be in violation is the middle of Waterfront Park, unless of course the sun is setting, in which case, we should all be thrown in jail,” he said.
Help keep the City Paper free.
No paywalls.
No subscription cost.
Free delivery at 800 locations.
Help support independent journalism by donating today.
