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SEPTEMBER 26, 2004
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STATEMENT OF MAYOR ALEX KNOPP IN SUPPORT OF THE
BOY SCOUTS’ REQUEST
TO HOLD EVENT AT SHADY BEACH
The oath of office I took as Mayor requires me to faithfully discharge the duties of my office “according to the law”. It is clear to me that well-established Constitutional law requires the City to allow the Boy Scouts to have the same access to Shady Beach that other organizations enjoy regardless of any discrimination in the viewpoint or membership criteria of the Scouts.
Therefore, I have concluded that the Common Council may not legally deny a permit to the Boy Scouts to use Shady Beach for its campfire recruiting event on October 24 based on the content of the Boy Scouts national program or membership criteria even if they discriminate based on a person’s sexual orientation.
Today I reaffirm that no group or organization will be denied the right to assemble or to otherwise use our Shady Beach as a public forum based on the content of its views. The First Amendment is alive and well in Norwalk. Based on my firm belief in the essential role of the First Amendment for strengthening our democracy, I support the right of the Boy Scouts to obtain a permit to use Shady Beach and will protect the Scout’s right by breaking a tie vote at the Common Council meeting if it occurs by voting in favor of granting a permit.
My decision is based on two well-known fundamental principles
of constitutional
law that clearly govern this situation.
First, Norwalk’s Shady Beach is a public park. Under the First Amendment, Shady Beach is considered the kind of traditional public forum in which the maximum rights of freedom of speech, expression and association are available.
Second, a municipality may not legally refuse to issue a permit to an organization or group to use a public park based upon the content of the viewpoints or membership criteria of the organization. Many organizations are granted a permit each year to use Shady Beach for meetings and recruitment activities similar to the campfire recruiting event. The city may not discriminate against the Boy Scouts based upon the content of the Scouts’ statement of principles concerning sexual orientation even if those principles include statements or membership criteria that discriminate against individuals who are gay.
Although the City’s primary responsibility in granting park use permits is to protect the First Amendment’s guarantee of freedom of expression for all, the City is also committed to uphold its other responsibilities. These include: respecting anti-discrimination laws, including Connecticut’s law prohibiting discrimination in any place of public accommodation based on a person’s sexual orientation; establishing an atmosphere in our community of tolerance and respect for diversity; and encouraging both public and private educational efforts against prejudice or discrimination.
I urge residents and elected officials who comment at the Common Council meeting to address this issue in a civil manner that helps us heal rather than make worse divisiveness in our community.
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