Kilmarnock Council considers regs Lancaster Dems believe will infringe 1A rights

From the Lancaster Dems:

Did you see the public notice in the Rappahannock Record on September 4?  The Town of Kilmarnock is holding a public hearing on September 15 at 6:00 PM to adopt amended regulations pertaining to Town Code Ch. 28, Article II, Special Events and Parades. We believe this will infringe on our First Amendment Rights, for rallies, celebrations, and parades. If applied uniformly, it may also negatively impact some of the events that are held in town throughout the year. Read the 19 page proposed ordinance by clicking: Town Council Public Hearing Monday, September 15, 2025 – 6:00 p.m. – Kilmarnock, Virginia

If you are available to make comments, we understand you can just show up.  If you wish to comment on an item in the public hearing, please wait for that item on the agenda.  There is a general public time at the beginning the the meeting for other topics.

Here are some problems with the proposed ordinance:

• Content-based restrictions: Bans flags, expressive items, or anything that “arouses anxiety.” Courts say speech cannot be restricted based on content or emotional reactions.
• No spontaneous protests: Requires 60 days’ notice—making timely vigils or demonstrations impossible. Courts require allowance for spontaneous speech.
• 60-day notice is excessive: Not narrowly tailored to any legitimate town interest.
• $1 million insurance per event/vendor: May not even exist in the market. If it does, it’s an unjustified financial barrier that effectively bans assembly.
• Unbridled discretion: Officials can deny or revoke permits whenever they deem it “appropriate.” This is unconstitutional prior restraint and risks arbitrary enforcement.
• Ban on information sharing: Prohibits distributing promotional materials “in any form.” This is overbroad and stifles community outreach.
• Variable permit fees: Based on vague “circumstances.” The Supreme Court has ruled such fee systems unconstitutional.
• Time Restrictions: Limits the times of special events and parades to M-F, 10:00 AM – 2:00 PM

If adopted, we believe Ordinance 2025-007 could jeopardize cherished town events such as: