Update May 22:
The Sandy Springs City Council repealed an amendment that set buffer zones for free speech after representatives from the American Civil Liberties Union (ACLU) called it unconstitutional.
The city’s attorney Dan Lee asked the city council to repeal the Buffer Zone: Campuses and Places of Worship ordinance at its May 20 meeting. Lee said he had made additional changes to the proposed ordinance the day before it was approved on April 1 and that it was based on a model ordinance from the ACLU that had support from the Anti-Defamation League (ADL) Southeast. However, the ACLU said it still had issues with it.
In a release shared after the repeal, the ACLU of Georgia said the ordinance had made it unlawful for people in Sandy Springs to protest, hold signs, or engage in other forms of expression without permission from passersby. The ACLU said the repealed ordinance had effectively chilled speech across the city.
“Taking away the constitutional right to speak freely puts us all at risk, especially vulnerable communities,” said Cory Isaacson, ACLU of Georgia legal director,, in the release. “We applaud the Sandy Springs City Council for recognizing that, and for repealing this ordinance.”
Isaacson said the ACLU had seen it as a blatantly unconstitutional violation of First Amendment rights. She said they applauded the council for recognizing that and for its repeal.
The Anti-Defamation League and Lee took the issue seriously when the ACLU brought it to their attention, Isaacson said.
The ordinance as written shuts down speech and expression across the whole city, Isaacson said. She said any restriction on speech has to be narrowly tailored and allow ample alternative methods of communication. She said the ordinance did neither, instead restricting expression and free speech across the entire city.
Even before the changes were made, she said the ordinance proposal was “exceptionally egregious in its unconstitutionality, having no parameters at all,” Isaacson said.
A power outage struck City Springs and 1,085 Georgia Power customers during Isaacson’s comments, sending the Studio Theatre into darkness and shutting down most of the computers before emergency generators kicked in. After a brief recess, the meeting resumed, and the power was restored.
Related stories:
• Sandy Springs council members oppose ‘buffer zone’ ordinance over First Amendment concerns
• Down to the wire, Georgia GOP lawmakers prepare to pass trio of culture war bills
• Bill would punish college students who participate in disruptive protests
Eytan Davidson, the regional director for ADL Southeast, said the other two ordinances passed on April 1 will provide the protection Sandy Springs needs. He said repealing this buffer zone ordinance, which was not reflective of the model language developed by the ACLU and ADL, was prudent.
Council member Jody Reichel agreed with repealing the ordinance. Reichel asked Lee if the other two ordinances would hold up if challenged in court.
Lee said he felt they would.
Council member Andy Bauman said the repeal of the ordinance was the result of a flawed process he blamed on Mayor Rusty Paul and the city’s legal counsel, claiming that the ordinance’s language was not fully vetted and though they were told it met constitutional standards, yet a few weeks later, they were told the opposite.
“This ordinance was unprecedented in our state, and instead of taking the time to get it right, this council and our residents were put through a process that proved divisive, costly, and ultimately unnecessary,” Bauman said.
When the city council adopted Georgia’s first municipal hate crime ordinance in 2019, Bauman said they followed a collaborative, transparent process that built consensus with the ADL’s leadership assisting them. He said that process stood in contrast to what happened with April 1 ordinance.
The vote to repeal the ordinance was unanimous.