Marshall County may soon be updating its picketing regulations following a second "No Kings" protest in front of the courthouse in downtown Guntersville.
The protest, organized by Marshall County Democrat Club chair Susan McKenny, appeared to violate several regulations, including the use of sound amplification, the erection of a tent, picketing too close to the courthouse entrance and exceeding the 30-person crowd limit. McKenney said the protest saw nearly 400 attendees, more than doubling the size of the last protest.
"The attendance was 30% more than the June 14 No Kings event we hosted at the same location," McKenney told The Sand Mountain Reporter. "That attendance was based on crowd estimates from representatives from the Marshall County Sheriff's Office who were observing from the courthouse."
When asked about the event's apparent violations, County attorney Clint Maze, who drafted the picketing resolution in December 2020, said that, as with most laws, enforcement comes down to context and discretion.
"I'm conducting a review of what was asked, what happened and where do we go from here," he told 1819 News. "And there's no question that the resolution that placed the restrictions on the protest need to be updated and clarified. That'll be subject to a public discussion at some point."
Maze said the County should "err on the side of constitutional rights" and consider the protesters' "conduct in context." He said since the protest was on a Saturday and the courthouse was closed, there was no disruption of government operations.
"The same exact conduct placed in a different context could give rise to an obstruction of justice or interference with government operations charge, where ordinarily it wouldn't be. You always have to place the conduct in context," Maze said. "... On a Saturday, they're not obstructing government operations. You're not in the area where the public's use is going for its intended purposes. So let's err on the side of constitutional rights and not be overly restrictive when there's not a rational basis for the application of that regulation to the conduct."
Maze continued, "We want to make sure that there is an articulated, rational basis for what we're trying to do. We're looking at what the actual number of people the courthouse grounds can safely accommodate. We still don't want people climbing on monuments. We still people crossing barriers. We still don't want people fixing things to the building itself, such that there's damage when they remove their signage or whatever else."
County Commission chairman John Young said "escalation" was a significant concern with the No Kings protest.
"The key is, we're not getting our buildings burned down. It's crazy, but it could be worse," he said.
When asked if the chairman could refuse a permit for the Democrat group next time, given the violations at the last two protests, Maze said, "Would he have grounds to? Yes. Should he? Depends. You've always got to place the request in context."
"You are balancing the rights between their right to peacefully assemble and protest and your obligation to safely marshal the courthouse yard. It's always going to be that balancing act. Whatever your actions are, you need to make sure that there's a rational basis in doing it."
Maze concluded with a general observation on the No Kings movement, which saw thousands of protests pop up nationwide, organized by leftist organizations, some of which were funded by controversial billionaire George Soros.
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"I'm just absolutely amused at the branding of these things, because if in fact the elected chief executive of this nation was in fact acting like a king, they wouldn't have the right to stand out there and put vulgar things or anything that was contrary to him on a sign because he would have had a gathered up and beheaded or thrown into the Tower of London," he said. "I love this nation because you get to be just as stupid and as loud as you want to be."
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