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"Conservatives fight for spot in front of North Church: Say tea party planners used sound equipment at same site just a few weeks ago"
By Adam Leech - aleech@seacoastonline.com - May 20, 2009
PORTSMOUTH — A Memorial Day event featuring several conservative speakers may be moved from Market Square because amplification planned for the event is not allowed in the area. Citing their right to free speech and past precedent, organizers are fighting to keep it right where they planned.
Remember our Fallen Soldiers is scheduled to take place from 5:30 to 7:30 p.m. Monday (5/25/2009) in front of North Church. The two-hour program sponsored by the Granite State Patriots, founded event organizer Jack Kimball, will include patriotic music and several speakers, including Manchester Mayor and Republican U.S. congressional candidate Frank Guinta, who will discuss a variety of political issues.
The City Council asked City Manager John Bohenko on Monday to move the event to Vaughan Mall, where there is an electrical outlet and stage intended for use of amplification. In recent years, the city has redirected groups hoping to hold events in Market Square to Vaughan Mall to avoid congestion.
The problem, as Kimball sees it, is the podium and amplification system was used at the Tax Day Tea Party in front of North Church just six weeks ago. More than 300 people attended the politically charged event, which police said was the largest gathering of people in Market Square in decades.
"It's going to be the very same sound system as the tea party," said Kimball on Tuesday. "I don't really see what the problem is. ... This is going to be a nice ceremony to honor our troops and all branches of the military. Hopefully we get this resolved."
Kimball said the event was also intended to address conservative issues.
"There's no liberal speakers," he said.
Kimball will meet with city staff this week to try to keep the event in Market Square. Because there are several speakers, he said, amplification is required. If the podium is not allowed, the event will be moved and modified slightly, he said.
The event, Bohenko told the council, was planned to be similar in nature to the tea party and was treated as such. But he agreed it would be better suited for Vaughan Mall, which has an electrical outlet specifically for amplification uses.
Bohenko said the tea party organizers never received permission to use the amplification system.
"It happened, basically," he said. "People show up and, you know, sometimes it's better to seek forgiveness than permission."
City Attorney Bob Sullivan said the area in front of North Church is well established as a public forum where the right to free speech is regularly exercised. That right, however, does not include the right to obstruct public travel or use electronically charged amplification, he said. Bullhorns are allowed as long as they are used appropriately.
"I do believe it's protected political speech, but we don't allow a sound system," said Councilor Chris Dwyer. "For anybody who thinks that this is anything other than a political event — that this is a Memorial Day event — would be quite surprised to actually read the agenda."
In addition to Guinta, other speakers include local conservative radio pundit Jeff Chidester, Dean Scontras of the Maine Republican Project and state Rep. Dan Itse, R-Fremont. The speaker topics on the agenda are "What is Patriotism?," "The Erosion of our Constitution," "The Reality of Nationalized Health Care," "Move to Socialism/Fascism — True Meaning of Nationalization of Banks, Corporations and the Redistribution of Wealth," and the "Importance of a Strong Military."
Kimball said he has seen many political events with similar amplification go on in Market Square — most of them liberal — and he doesn't see this to be different. Though many of the speakers will address political issues, he said he expects a milder tone than the tea party with an overall message of honoring veterans.
"Not to be disparaging, but that's what this is about: free speech," said Kimball. "This was to honor our fallen troops and all the branches of military. I've been planning this for months and we have quite a day set up."
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