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The Five Hole Publisher Addresses City Council The City of Pensacola has promised the publisher of The Five Hole an answer by Tuesday. The question: whether he has the authority to proceed with his plans to distribute his news and opinion publication about hockey, or if he is asked to take any steps before he may proceed. Scott Gregory contends the First Amendment gives him the authority to distribute a news and opinion publication on city sidewalks about the Pensacola Ice Pilots. The city initially denied his plans under a blanked no-business-on-city-streets ordinance, and staff since has refused to answer the question as to whether the First Amendment gives him the authority to proceed. The U.S. Supreme Court has long held that public sidewalks are a proper place for citizens to express their spoken or written views in a peaceful manner, and for the media to sell or distribute publications containing news and opinion. Gregory told the Pensacola City Council on Thursday that he believes the city staff has violated his civil rights with its initial denial of his plans. The city has neither given him a meeting nor discussed the matter in any detail on the phone in the three months the issue has been at hand. "I hope the staff is sincere and will recognize my civil rights by Tuesday as promised," Gregory said. "My plan for this free speech is reasonable, and undoubtedly is allowed by the First Amendment. It is now, and always has been, my intent to address any legitimate concerns the city may have. But a municipality may not pick and choose which parts of the Bill of Rights it likes and dislikes." His speech to the council follows: Good evening, Mr. Mayor and Council Members: The First Amendment of the Bill of Rights states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press ... ." The Fourteenth Amendment makes this applicable to the states. This Amendment is vital to me as an American citizen. It allows me to worship God in the way I see fit. I also happen to be a writer, journalist and publisher, and I have great reverence for the free speech and free press portions, as well. I believe the First Amendment is one of the reasons why we live in the greatest country in the world today, and why I'm proud to be an American. I'm here tonight to inform this council that the staff of this city is violating my Civil Rights in the First Amendment areas of freedom of speech and freedom of the press, and I'm asking this council to put a stop to it. I have had three months of this, and enough is enough. The Supreme Court has long held that public sidewalks are a public forum for First Amendment issues. Every citizen has the right to stand on these sidewalks and peacefully share opinions, be they written or oral. The High Court has also long held that these sidewalks are a proper place for the media to sell or distribute publications containing news and opinion. This is a Constitutional RIGHT. A RIGHT. The only way a municipality may constitutionally restrict -- not ban, mind you, restrict -- such activity if it is done with a specific and narrowly tailored ordinance to address a REAL and SIGNIFICANT public safety issue. I live in this area. It is the home I have chosen. I love it here, and I plan to spend the rest of my life here. Three months ago, I approached city staff with my plans to distribute a hockey news and opinion publication on city sidewalks prior to the Ice Pilots games. The reason I approached the city in the first place was because I wanted to be a good citizen, and I wanted the city to understand what I was doing, and to address any concerns the city might have. I went out of my way to emphasize to the city that my plan was safe, simple and unobtrusive. For example, there would be no entry into the streets, and distribution was set in a limited timeframe, in only the hour before the 35-40 home games each season. My plan for this free speech was more than reasonable. Chief (of Police Jerry) Potts and city staff told me no. They cited a blanket ordinance that says no business in city streets. And that's that. I immediately told the staff I have a First Amendment right to do this, and I presented staff with an overwhelming amount of Supreme Court evidence to support this. I was promised by assistant city manager Al Coby that this information would be reviewed and I would be given a response to my questions. That answer never came. In three months, I never got a meeting with staff despite repeated requests. Not one. Then the staff took to ignoring my calls, faxes and e-mails. When I pressed the issue, I was finally promised an answer by Mr. Coby last week. Nothing. My two questions to staff were these: 1. Does the city acknowledge that I and my fellow distributors may distribute my publication, as outlined, under the authority of the First Amendment of the Bill of Rights without fear of arrest, ticketing, harassment or any other sort of retribution from police or other city officials? 2. If not, what specific ordinances do you say constitutionally restrict me from doing so, and what are you requesting I do so my plans may proceed? I believe that this council can clearly see that selling fruit on the sidewalks, and selling or distributing a news and opinion publication are two different animals. One has tremendous constitutional protection, the other does not. One is free speech and free press, the other is not. So, we clearly have a First Amendment situation. That makes the matter simple. Either there is some specific free speech ordinance in the city code book that requires me to do something before I proceed, or there isn't. Don't get lost in the details here: it's really that simple. The fact that, about 100 days from the year 2000, city staff is insinuating that I may be thrown into prison for expressing my First Amendment rights is simply frightening to me as an American. I just want a clear answer. I'm asking this council to please direct staff to give me an answer to my two questions so I may proceed. Thank you for your help, and for recognizing the constitutional rights of an American citizen. Scott Gregory Publisher The Five Hole Home | About | Sample Issue | Pilots Seat | Report Archive Roster | Message Board | Schedule Free News | News Archive | News Tip? | Advertise ECHL Standings | First Amendment | Links | Contact Us Copyright 1999. All Rights Reserved. The Five Hole is an independent media site and is not affiliated with the Pensacola Ice Pilots or the ECHL. 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