Do you need a permit for protest gatherings in Georgia?

WARNER ROBINS, Ga. — This weekend, some people in Warner Robins organized a protest, with looming changes over federal jobs, changes around immigration and other government switch ups.

Now people are questioning if a Warner Robins ordinance violates their first amendment rights.

Do you need a permit to protest?

• The Warner Robins Police Department
• The American Civil Liberties Union Foundation
• The United States Supreme Court

Needs Context: You may need a permit to protest depending on your local government.

According to a guide by the American Civil Liberties Union, the first amendment allows use of public streets, sidewalks and parks for public forums like protests or marches.

However, you may need a permit if the event blocks traffic, requires street closures, uses sound amplifying devices or is held in certain parks or plazas.

Back in 1941, The Supreme Court gave local governments the right to require permits for public gatherings in the Cox v. New Hampshire case.

In the city of Warner Robins, they have ordinances requiring these permits. 

In a social media post they shared:

“It is the position of the City of Warner Robins and the Warner Robins Police Department to recognize and support the public’s right of assembly and free speech and to utilize designated public facilities for such purposes. At the same time, the city has an important and compelling governmental interest in protecting property, public safety, health and welfare and controlling use of streets and other public facilities and venues (City of Warner Robins Municipal Code Section 23-46).

In compliance with Article III of Chapter 23 of the City of Warner Robins Municipal Code, the need for a permit is required to assemble in this manner. Per code section 23-52, the application has to be filed with the Warner Robins Police Department no more than 90 days and no fewer than 7 days to the event date.”

Warner Robins Police Chief Wayne Fisher says breaking news events are exceptions to that timeline, but organizers still should fill out a permit.

“We respect the opportunity for folks to express their rights to free speech. We just always have to understand we have to do it in a respectful manner and understand that our rights to free speech do not negate the public safety of the public as a whole, and it’s always gonna be that balanced interest,” Fisher said.

By law, police can’t deny your protest based on the the reason you’re protesting. They also can’t permit a gathering on private property without the owners permission. 

Some activists recommend that if you don’t have a permit, you march or stand along sidewalks and leave room for other pedestrians, but Fisher advises against this. 

“While you do have a right to free speech, you don’t have a right to impede the safety of others in their access to the public space as well,” he said.

Fisher says these permits are important to ensure that public gatherings are protected. 

“To consider bringing other officers off duty in, to accommodate, to ensure that there’s a safe environment,” he said. 

This permit goes for any public gathering like a birthday at a city park, you have to rent out the city parks for events.

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