City of Pensacola officials said Tuesday that the publisher of The Five Hole may sell or distribute his hockey publication on city sidewalks prior to Pensacola Ice Pilots games.
"Even though we have different feelings, there is nothing specific in the code that prohibits you from doing what you want to do," assistant city manager Al Coby told Scott Gregory, publisher of The Five Hole, via phone.
"I'd like to thank Mr. Coby, City Manager Tom Bonfield, Chief of Police Jerry Potts, and the rest of the Pensacola staff and City Council members for their time and attention to this matter," Gregory said. "I'm sorry this had to become a public issue -- we tried repeatedly to avoid that, but we were left with no choice.
"While the process of getting to this point has been frustrating for me, the city ultimately did the right thing by recognizing the First Amendment rights of an American citizen. I have great respect for that."
Gregory also wished to thank the 39 citizens he knows of who sent letters of support on his behalf to Pensacola staff and City Council members.
"The First Amendment is one of the reasons we live in the greatest country in the world," Gregory said. "I was touched that so many people were willing to step up and take a stand for a constitutional issue."
Despite Gregory's request that the city put the permission in writing, Coby declined.
Gregory told Coby that, if he has future concerns, he should feel free to call to discuss them.
Three months ago, Gregory outlined to the city his limited plans to sell or distribute a news, opinion and features publication about the Ice Pilots, the ECHL and the game of hockey. Two months ago, the city denied his plans under a blanket no-business-on-city-streets ordinance.
Gregory asked the city to reconsider its position after presenting officials with extensive U.S. Supreme Court information supporting his First Amendment right to proceed with plans.
The High Court has long held that public sidewalks are a proper place for citizens to express spoken or written views in a peaceful manner, and for the media to sell or distribute publications containing news and opinion.
