Cumberland Residents Petition for Repeal of New Parade and Event Ordinance Citing Free Speech Concerns

CUMBERLAND, MD – The Mayor and City Council of Cumberland have enacted a new ordinance that repeals and reenacts Article V of Chapter 15 of the City Code, concerning parades, special events, and small events. However, residents of Cumberland are formally petitioning the Mayor and City Council to repeal or amend a recently enacted ordinance governing parades and events. The concerns raised by the petitioners center on a range of requirements, including substantial insurance mandates, lengthy advance notice periods, and significant fees and fines.

The revised ordinance, designated as Ordinance No. 4019, establishes clear definitions for various types of public gatherings. A “parade” is defined as any march, race, or procession on a street, with exceptions for funeral processions, student activities under school supervision, and governmental agency operations. “Small events” are designated for activities on city property hosted by non-profit or community groups that do not involve amplified sound, food or merchandise sales, third-party promotion, or require overtime from city employees. Activities organized by the Downtown Development Commission (DDC) within its special taxing district are excluded from this definition. “Special events” encompass a broader range of activities on city property, including those expected to attract over fifty people, involve sales, require the erection of structures, or utilize amplified sound. Similar to small events, those organized by the DDC within its special taxing district are also excluded.

Under the new ordinance, obtaining a permit is mandatory for organizing, holding, or starting any parade, special event, or small event. For unsponsored events occurring within the special taxing district, a permit from the DDC is specifically required in addition to any city permit. Applicants are responsible for ensuring their events comply with all permit conditions, as well as all applicable laws and regulations, and must secure any necessary permits from other government agencies.

The application process requires submission to the city clerk at least thirty days prior to the scheduled event. Necessary information includes organizer details, organizational affiliations, the date and times of the event, the proposed route for parades, or the boundaries and site plans for special and small events. Applicants must also provide estimated numbers of participants and vehicles, along with start and end times for setup and takedown. The city clerk may request additional information deemed necessary for an informed decision, and applicants can request waivers for insurance requirements, providing justification for good cause. While a thirty-day advance submission is the standard, the city administrator may waive this requirement for good cause and when practicable.

Permit fees are now in place for city-issued permits. Applicants for parades or special events will pay a non-refundable fee of $150, while applications for small events will incur a $25 non-refundable fee. The DDC may also levy separate application fees for events requiring their permits.

The newly adopted ordinance requires organizers to obtain liability insurance, a financial hurdle that many grassroots organizations, nonprofits, and citizen groups may find prohibitive. Petitioners state that the cost of these insurance policies effectively prevents many ordinary residents from holding events. Further compounding the difficulty, the ordinance mandates that permit applications be submitted 30 days in advance. This requirement, according to the residents, undermines the ability to organize spontaneous gatherings, vigils, or protests in response to immediate events, arguing that effective free speech must be timely. Insurance requirements mandate comprehensive general public liability insurance with a minimum of $1 million per occurrence and $2 million in aggregate coverage. Proof of insurance and payment must be provided at least ten days prior to the event, with a notice period for policy cancellations or changes. Policies for city permits must name the Mayor and City Council of Cumberland as additional insureds, and for unsponsored events in the special taxing district, the DDC is also to be named. However, the city administrator can waive or modify these insurance requirements based on specific criteria, including the applicant’s financial capability, the event’s feasibility without a waiver, potential city liability, and alcohol consumption.

Additional points of contention include the ordinance’s provision for organizers to cover overtime costs for city employees, such as police officers, when their events necessitate such services. The petitioners contend that this shifts the responsibility for public safety, a core government function, onto residents. These estimated costs must generally be paid before a permit is issued, unless waived by the city council or city administrator. Permit holders remain liable for actual costs exceeding the initial estimate, with payment due within fifteen days of invoicing. However, the first eight hours of overtime or compensatory time for personnel from each department are covered without charge. Small events that necessitate overtime for city employees may lead to permit revocation. Certain events, such as the South Cumberland Business and Civic Association’s annual Halloween parade and Heritage Days, are exempt from these overtime cost requirements. The city administrator has the discretion to waive or modify cost payment requirements based on criteria such as the applicant’s ability to pay, the impact on event feasibility, expected attendance, alcohol provision, potential disruption to traffic and public access, and the event’s location and timing.

The lack of explicit written exemptions for political protests within the ordinance is also a significant concern. While, according to the petition, city officials have offered verbal assurances that such events would be exempt, the petitioners emphasize that these assurances are not legally binding without being formally incorporated into the ordinance’s text. This omission, they fear, leaves the interpretation and enforcement of the law open to the discretion of current and future administrations, potentially leading to biased application. The ordinance’s timing and apparent origin in response to specific protests also raise concerns about its intent to stifle particular viewpoints, setting a problematic precedent for civic discourse and eroding trust in local government.

The petition also highlights the financial aspects of the ordinance, pointing out that permit fees are only considered constitutional when they accurately reflect actual administrative expenses, such as traffic management and sanitation. If these fees exceed the true costs associated with an event, they may be deemed unconstitutional. The cumulative effect of these requirements—insurance, advance notice, fees, fines, and the potential for selective enforcement—is a chilling effect on civic participation, discouraging residents from organizing a variety of events, from marches and rallies to cultural gatherings, ultimately weakening community engagement and the public’s ability to voice concerns.

In light of these objections, the Cumberland residents are urging the Mayor and City Council to either repeal the ordinance entirely or amend it to address their specific concerns. Recommended amendments include removing or reducing the burdensome insurance and overtime cost requirements, shortening the permit application timeline to allow for more responsive event planning, and including clear written exemptions for free speech and protest events. They also call for the elimination or significant reduction of punitive fines and for all fees and requirements to be narrowly tailored to actual, documented administrative costs, ensuring equal enforcement irrespective of the political viewpoint, cause, or affiliation of the organizers. The petition stresses that this is fundamentally a free speech issue, vital for all Cumberland citizens, regardless of political beliefs.

Violators of the ordinance face escalating fines, with penalties starting at $500, which the residents argue are punitive and could severely punish even peaceful, small-scale assemblies that fail to adhere to all procedural requirements.

The petition against the changes is available on Change.org. As of publishing it has over 400 signatures.

Article by Mel Anara, based upon information from the Mayor and City Council of Cumberland and the Change.org petition.

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