ACLU Claims Fargo Mayor’s Focus On March Permit Is Misplaced

Mahoney: “We fully respect and encourage our citizens’ rights to their first amendment protections."

FARGO, N.D. — ACLU of North Dakota says Mayor Tim Mahoney’s focus on whether protestors obtained a permit for the weekend marches in Fargo is misplaced.

They say if he is serious about mending years and years of racial injustice, he needs to stop making statements that chill free speech.

OneFargo is inviting the community to join them at a rally and march at 9 a.m. Friday at Island Park.

The group is also asking Fargo Mayor Tim Mahoney and Cass County State’s Attorney Birch Burdick to speak and to provide answers to various questions the group asked them earlier this week.

Mahoney responded that he respects and encourages first amendment protections but there are processes in place to protect every member of the march, residents and private property.

He says requirements for liability insurance are in place to protect the “personal liability of the organizers of any event and that is why the City requires it – to protect all parties.”

ACLU of North Dakota says “Friday’s event will begin in a public park, travel via public sidewalks to a public building, and then return. The Supreme Court has long found that citizens’ freedom of expression is most protected in precisely these areas of public forum.”

Here is the mayor’s full statement:

Mayor Mahoney – “We fully respect and encourage our citizens’ rights to their first amendment protections.That is unequivocal. We also, however, have processes in place when anyone wants to close roadways for any purpose.  That is the differentiator – sidewalks vs streets.  It is very difficult, if not impossible, to control traffic flow without working through the process to map the route, place traffic control barricades and staff in place when necessary, etc.  These processes are not in place to impede first amendment rights; rather, they are in place to protect every member of the march, parades, pedestrians, residents and private property. The requirements for liability insurance are in place to protect the personal liability of the organizers of any event and that is why the City requires it – to protect all parties.”